First Principles of Business Law

Circumstances that may invalidate a legal transaction

7. Illegal transactions

7.3. Common law illegality continued...

 

 

 

Read the facts and the question and then choose the best answer.

A owns retail premises in a Melbourne shopping precinct. He leases the shop to B, who intends to operate a business selling erotic videos and pornographic magazines. The lease has a term of three years, but after six months B falls behind with his rent payments. A eventually terminates the lease and brings an action to recover the $5,000 that B owes him in unpaid rental.

B defends the action on the basis that the lease was for a purpose that promoted sexual immorality. This, he says, is contrary to public policy and the lease is therefore not enforceable at law. Is B correct?

(a) Yes, this contract is contrary to public policy and will not be enforced.

(b) No, this contract is not contrary to public policy and it will be enforced.

 

 

 

 

 

 

 

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