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