Citation(s) (1775) 1 Cowp 341 People also search for Patel v Mirza | Ruling court Court of King's Bench | |
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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(Text) CC BY-SA