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Kingshott v Brunskill, [1953] OWN 133 (C.A.)


D bought apples knowing not graded. Some not good quality. D wont pay. The relevant act says sale was illegal


Can P recover the money that is owed to him under the contract from D, even though the sale of the apples was illegal?


If a sale (contract) is illegal, the seller cannot recover money owed to him by the buyer, because it is against public policy and the contract is void


If the sale was forbidden by regulations, then it was illegal and notwithstanding that the D resold the apples after having graded them and made a profit, P cannot recover in an action for the price of those apples.

The court cannot read into the regulations exemptions which may appear to the court to be justified.


P cannot recover money he was owed under the K


Distinction between (1) contract contrary to public policy and (2) a contract relating to a matter that relates to a statue ((2) may not be affected unless the wording is clear what the legislative intent is)
**If statute says you cant sell then a contract to sell isn’t enforceable – statute interpretation
***But you have to look very closely at the contract
***Sometimes it will prohibit something else – it must prohibit a contract saying that no one can sell for you to not be able to contract on it
***Must be very specific wording for a contract to be held unenforceable

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