FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 2,665 times | Saved to 433 briefcases
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

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.