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illegal agreement!

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by whocen, Mar 13, 2011.

  1. w

    whocen Member

    #1
    Mar 13, 2011
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    agrements made by two parties for an illegal delivery of service, service delivered succesful bt after a few days it stops. One party wants his money back and the other cant return the money. What legal action can be measured here for both parties and what is logic reaction with both parties. NB: agreement was made by word of mouth no documentation.
     
  2. C

    China Vach Member

    #2
    Mar 15, 2011
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    NOTE. only agreement enforceable by law ndyo zinaweza kuleta legal action na kama ziliingiwa with free parties consent, kama mmoja alilaghaiwa au kulazimishwa ingawa ni illegal contract anaweza kuleta suit.

    kutoka kwenye scenarion yako court cannot entertain such case kama both parties walikuwa wakijua ile inshu ni illegal na waliagree bila vitiating factor yoyote. kuna case mmoja ya zanzibar waliagree kufanya homosexual baada mmoja kufanya akagoma kufanyiwa court ilitupa kapuni ile case kwa sababu ilikuwa ni illegal contract.

    haijalishi kama ilikuwa agreement formed by mouth au documentary
     
  3. Revolution

    Revolution JF-Expert Member

    #3
    Mar 21, 2011
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    Hapo ujanja kuwahi....hata kwenye upatu anza kuchukua wa kwanza....
     
  4. H

    Hute JF-Expert Member

    #4
    Mar 21, 2011
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    illegal how? manake unaongea tu kuwa illegal..kivipi,fafanua...hapo ndo tutagundua kuwa hiyo contract mliingia ni void au voidable....illigality yake ilikuwa ni ya nini? au unaogopa kukamatwa hapa?

    void contract is not enforciable kama ilivyo kawaida yake, ulifanya kinyume na sheria, halafu unataka sheria ikusaidie kurecover pesa yako, una akili timamu kweli wewe?
     
  5. mayenga

    mayenga JF-Expert Member

    #5
    Mar 25, 2011
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    My understanding is that,any contract is commonly governed by five elements.Back to your facts,since the services rendered were illegal,then the same does not fall in good contract category,therefore contrary to public policy.From the very date when the said contract entered(though orally) the same was void abinitio,incapable of being executed.
     
  6. Caren

    Caren JF-Expert Member

    #6
    Apr 5, 2011
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    But so long as somone else enjoyed the benefits then the court will look at the issue and determine the illegality. There are relevant case laws that have discussed the issue.
     
  7. mayenga

    mayenga JF-Expert Member

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    I will be much obliged if any authority in support of your proposition cited.
     
  8. T

    Taso JF-Expert Member

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    what's the difference
     
  9. Caren

    Caren JF-Expert Member

    #9
    Apr 5, 2011
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    You see it depends on the nature of the contract and the pressumed illegality. If its a criminal nature it cant be enforced but if its on public policy and the balance of convinience of the parties outweighs and doesnt impact so much on the public then it will be enforced. Such jurisprudence exists.
     
  10. Caren

    Caren JF-Expert Member

    #10
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    Just read the concept of In Pari delicto and how it evolved overtime.
     
  11. k

    kibebii Member

    #11
    Apr 5, 2011
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    nimependa kiingereza yako! ya kule kule kwa wenyewe
     
  12. k

    kibebii Member

    #12
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    this phrase is commonly used by court and it simply means since both parties are at fault then the court can not involve in it. therefore it goes back to say contract void.
     
  13. mayenga

    mayenga JF-Expert Member

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    Ahsante
     
  14. Niko

    Niko Member

    #14
    Apr 5, 2011
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    Msidanganyane.

    "I will be much obliged if any authority in support of your proposition is cited."
     
  15. mayenga

    mayenga JF-Expert Member

    #15
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    Ahsante pia.
     
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