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Kiriri Cotton Ltd v Dewani [1960] AC 192

Facts:

P rented flat and paid a premium. The rent contravened rent restriction. Statute says cant charge premiums

Ratio:

You can recover from an illegal contract if you are the one who is less guilty party

Analysis:

Balancing guilty parties – they both ignore the law – but the landlord had more of a duty to know
**Statute said obligation on the landlord (D)

Holding:

P got money back in restitution


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