This book examines claims in negligence arising from illegal
conduct of the claimant. An array of public policy and other
grounds have been advanced for resolving these claims, resulting in
an area that is characterised by confusing and contradictory case
law. The book analyses the various explanations put forward as the
basis for illegality doctrine within a framework of corrective
justice theory. Illegality law poses particular challenges for the
corrective justice explanation of negligence law, as many
illegality tests are based on public policy considerations external
to the relationship of the parties. The book argues that the only
circumstance where illegality doctrine should be applied to deny a
claim is where this is necessary to preserve the coherence of the
legal system. It develops the work of Ernest Weinribian corrective
justice theorists to explain how the principle of legal coherence
fits within the framework of corrective justice theory, and why
legal coherence is the only valid conceptual basis for a doctrine
of illegality. It also contains a detailed study on the scope of
the coherence rationale and the principles that will determine its
application.
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