This example is actually a bit awkward, since in almost any common law jurisdiction it will does involve a crime (bribery). Perhaps you want to choose something like selling goods to A that you've already promised to B; or uncontractual moonlighting.

I personally would doubt if a breach of contract would be regarded as enough, even if deliberate. Suppose, for example, that a university limits the daily payment that professors can earn from outside consultancy to a given sum such as  $1,000 (which a number do). It would seem a bit odd if a consultancy employing a professor at $2,000 for a day's work could refuse to pay his fee (and, if it knew of the contractual terms, could not recover any damages if the prof screwed up).


Andrew




-------- Original Message --------

Subject:	ODG: Illegality in Contract Law
Date:	Fri, 29 Nov 2013 10:40:50 -0500
From:	Jason Neyers <jneyers@uwo.ca>
To:	obligations@uwo.ca <obligations@uwo.ca>

Dear Colleagues:

A student of mine is thinking of doing a research project on the 
question of whether a breach of contract is a sufficiently illegal 
purpose to render a contract unenforceable.  The fact pattern he has in 
mind is something like the following:  X dislikes Y (who is something of 
a minor celebrity/politician).  X then promises a doorman at an 
apartment building some money (say $1000) to not open the door for Y if 
he is being followed by the press/photojournalists (since this will 
cause embarrassment for Y).  The doorman is employed by Z (the owner of 
the building). The doorman then does what is requested of him and seeks 
to recover the  $1000 from X.  Is the contract enforceable?

The trouble he tells me that he has run into is that almost all the 
examples of illegal purposes he can find are crimes (or related torts).

As I know very little about this area, any thoughts or points to helpful 
sources (judicial or academic) are very much appreciated.

Sincerely,

-- 
Jason Neyers
Professor of Law
Faculty of Law
Western University
N6A 3K7
(519) 661-2111 x. 88435