Lloyd's Maritime and Commercial Law Quarterly

Professor Francis D Rose

Document

ILLEGALITY AND THE PUBLIC CONSCIENCE TEST

Tinsley v. Milligan

The legal consequences of contracts tainted with illegality are much discussed and it is generally agreed that the law in this area is in a somewhat complex and confused state. “The common law on illegal contracts”, said Coote,1 “is Draconian … in all conscience.” Recently, in Tinsley v. Milligan 2 the Court of Appeal confirmed a

1. “Another Look at Bowmakers v. Barnet Instruments” (1972) 35 M.L.R. 38, 38.

2. [1992] Ch. 310.

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