Pearce v Brooks
A contract made to help another person carry out an immoral purpose, with knowledge of that purpose, is unenforceable.
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.
Related cases on illegality and restraint of trade
- Archbolds (Freightage) Ltd v S Spanglett Ltd [1961] 1 QB 374
- Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd [1968] AC 269
- Fitch v Dewes [1921] 2 AC 158
- Herbert Morris Ltd v Saxelby [1916] 1 AC 688
- Holman v Johnson (1775) 1 Cowp 341
- Les Laboratoires Servier v Apotex Inc [2014] UKSC 55, [2015] AC 430
- Re Mahmoud and Ispahani [1921] 2 KB 716
- Mason v Provident Clothing and Supply Co Ltd [1913] AC 724
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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.
