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Holman v Johnson

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Citation(s)
  
(1775) 1 Cowp 341

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Ruling court
  
Court of King's Bench

Holman v Johnson httpsuploadwikimediaorgwikipediacommonsthu

Holman v Johnson (1775) 1 Cowp 341 is an English contract law case, concerning the principles behind illegal transactions.

Contents

Facts

The claimant, who lived in Dunkirk, sold tea to the defendant. The claimant knew it was intended to be smuggled into England, though was not concerned with the smuggling scheme. The method of payment was meant to be by bills of exchange drawn in England. The claimant brought an action for non-payment, and the defendant contended that it could not be enforced because the contract was unlawful.

Judgment

Lord Mansfield CJ held that the agreement could be enforced because the seller had himself done nothing unlawful. He said the following.

References

Holman v Johnson Wikipedia