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Contracts illegal at the common law
However a contract which is prohibited through the common law is frequently described as being as "contrary to public policy" as i.e. the court is of the view like it is in the public interest such the contract should not be enforced. Whether such a contract may be one that as:
1. Tends to promote corruption during the public service, as demonstrated through Parkinson v. College of Ambulance Ltd. (1925),
2. Tends to promote sexual immorality that as in Pearce v. Brooks (1866)
3. Tends to interfere with the sanctity of marriage that then as Wilson v. Carnley (1908). Conversely, in Fender v. St. John - Mildmay (1938) the House of Lords held such a contract made between decree nisi and decree absolute, to marriage after the dissolution of the existing marriage is legitimate as despite the fact like it rendered reconciliation between parties for the divorce proceedings approximately impossible.
4. Tends to fetter the freedom of marriage.
5. Tends to prejudice the administration of justice that as follow:
6. Which is tends to prejudice the administration of justice.
Explain two scenarios in which a restraint of trade clause would typically be used.
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