Pearce v Brooks

A contract made to help another person carry out an immoral purpose, with knowledge of that purpose, is unenforceable.

Citation
(1866) LR 1 Ex 213
Court
Court of Exchequer
Year
1866
Subject
Contract Law
Topic
Illegality and restraint of trade

Facts

Pearce and others were coachbuilders who hired out an ornamental carriage to Miss Brooks, a prostitute. They knew that she intended to use the carriage to attract clients in the course of her business. She failed to pay the hire charges, and the coachbuilders sued her.

Legal principle

The court held that the coachbuilders could not recover the hire charges. A contract made with the knowledge and intention of helping the other party carry out an illegal or immoral purpose is unenforceable, and it made no difference that the coachbuilders were not to be paid out of the proceeds of the immoral activity. The jury had found that the coachbuilders knew of the purpose for which the carriage was to be used, and that was enough.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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