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The scales of justice on a plain background

Bowmakers v Barnet Instruments

1945 · KB 65

Posted By lanbuk.com

Facts
Machines were sold and then let on hire-purchase in breach of wartime regulations. The hirers sold some of the goods and kept the rest.
Issue
Could the owners sue in without relying on the illegal contracts?
Held
Yes. They were asserting their title to their own goods, not enforcing the illegal hire-purchase agreements.
Principle
A claim that does not depend on the illegal contract can succeed.
Why it matters
It is the main exception to .

Words and Latin in this note

Ex turpi causa
'No action arises from a disgraceful cause.' The court will not help a person enforce a contract that is illegal. Open the note.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.