COMM 393 Chapter Notes -Clean Hands
Document Summary
Plaintiff seeks accounting from defendants of his share of the partnership l. j. s. Plaintiff had originally sued defendants to obtain this remedy but on morning trial was to commence along w/ another action which had consolidated, parties arrived at settlement of this action. Defendants have since date of settlement refused to honour it. Decision: yes, it should be, yes, the partnership is engaged in an illegal act, yes, the settlement is based on an illegal contract and cannot be made legal. A partnership formed for making profits by a business, which is contrary to public policy, or which can"t be carried on w/o a breach of the common or statute law, is illegal. A partnership in the profits of a crime is illegal, but a joint venture for blockage running is not illegal at common law. Agreement submitted to manitoba liquor control act was not approved. Performance of k was done in an illegal manner, rendered void.
