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Difference between revisions of "Contract Defences"
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→Illegality
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==== Illegality==== | ==== Illegality==== | ||
Courts generally do not enforce contracts that are for an '''illegal purpose''' or that contravene a statute. An obvious example of an unenforceable contract is one made with the intent of harming someone. Some interesting exceptions to the general rule include: | Courts generally do not enforce contracts that are for an '''illegal purpose''' or that contravene a statute. An obvious example of an unenforceable contract is one made with the intent of harming someone. Some interesting exceptions to the general rule include: | ||
* '''Gambling debts | * '''Gambling debts''': Historically considered uncollectable and illegal, court decisions suggest they are now collectable.
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* '''Illegally paid interest | * '''Illegally paid interest''': Although it is illegal under the [http://canlii.ca/t/7vf2 ''Criminal Code''] to lend or collect interest at an annual rate above 60% (except as authorized under [[Payday Loans|payday loan]] legislation), in at least some instances the courts have allowed the recovery of the illegally paid interest.
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==== Misrepresentation==== | ==== Misrepresentation==== | ||