Restitution of prepayments under illegal contract (Andrew Kull, 5 Sep 1996)

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Sender:	Andrew Kull
Date:	Thu, 5 Sep 1996 10:42:20 -0600 (EDT)
Re:	Restitution of prepayments under illegal contract

I don't know whether US authority in restitution cases carries any weight in Australia. But if it does, see chapter 8 of Palmer, Law of Restitution, "Restitution Under Illegal Contracts," for a useful treatment of the standard analysis in this country -- in essence, an inquiry whether restitution would be "in conflict with overriding policies pursuant to which the transaction is made illegal." Palmer and the US cases generally would be authority against quantum meruit in the case you pose.

Andrew Kull

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