Principles of the English Law of Contract And of Agency in Its Relation to Contract

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Part II.
IV. 1^ You may make the contract if you please, but you will have to pay for it.
(b) You may make the agreement if you please, hut the Courts will not enforce it.
(c) You shall not make the agreement if the law can prevent you.
With the first case we are not concerned. There is a valid contract though it may be expensive to the parties.
As to the second and third, difficulties can only arise as regards collateral transactions, for in neither case can the con- tract be enforced. The int
...entions of the parties we will post- pone for the present. They must be assumed to know the law.
Illegal It may be stated at once that there is a clear distinction agreemen 3 jjg|.^ggj^ agreements which are illegal and agreements which are merely void : between agreements which the law will not aid, and agreements which the law desii-es to prohibit : and that this distinction comes out^ not in the comparative validity of the two, for both are void, but in the effect which their peculiar character imparts to collateral transactions.


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