(IC)Greater Fredericton Airport authority Inc. v NAV Canada
Ratio:
Facts:
Issue:
Decision:
Reasons:
Ch. 7 Public Policy
Introduction
These cases expose the "inarticulate major premise" underlying judicial Decision:s
Policy is often used to denote the residual or overriding sense of justice between the parties and 'public policy' often indicates enlargement or restriction of liability because of anticipated salutary effects on the future behaviour of others
If x changes peoples will start behaving badly regarding y
Denning things policy Decision: can be good if the man being doing the consideration is smart.
The MAJOR background policy regarding contract law is the freedom of competent men of age to contract freely with each other
Vendors whose items are used for illegal or immoral purposes are not guilty of any offence, once the contract is complete the vendors interest is totally at an end
The court will not lend its aid to a man who founds his cause upon an immoral or illegal act
Facts:
The plaintiff and a partner delivered tea to the defendant (to
The plaintiff knew the defendant would be attempting to smuggle the tea into England
This was none of the plaintiff's concern, he was not involved in the smuggling at all
Issue:
Since no court will lend aid to a man who founds his cause upon an immoral or illegal act, is the plaintiff's demand founded upon the ground of any immoral act or contract, or upon the ground of his being guilty of anything which is prohibited by a positive law of this country?
Decision:
For Plaintiff, Can't be guilty of something he wasn't involved with
Reasons:
There is an issue that on principle no court will lend aid to a man who founds his cause upon an immoral or illegal act.
Is the plaintiffs action on an immoral or illegal ground?
The action is merely for goods sold and delivered at Dunkirk
Is there a law that makes it illegal to sell goods in Dunkirk???
Not this time
Where is the guilty action?
The contract was complete with nothing left to be done
The interest of the vendor is totally at an end, and his contract complete
Vendors whose items are used for illegal or immoral purposes are not guilty of any offence, once the contract is complete the vendors interest is totally at an end
3. Contracts Contrary to Public Policy Expressed in the Common Law
Types of contracts in this section:
Contracts I restraint of trade
Contracts under which a criminal would receive a benefit from his or her crime
