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Holman v Johnson (1775) 1 Cowp 341


P sold tea to D knowing D was going to smuggle it into England. D didn’t pay, P sues


Can P rely on the contract even though he knew the D was going to use the goods for an illegal purpose?


The party to the illegality cannot sue on a contract – as long as you don’t have to rely on the illegality yourself you can sue on the K


The contract is enforceable bc it finished upon delivery of the tea and P cannot be held responsible for actions of D afterwards.
**Knowledge of illegal use is not enough

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