Download This PaperIllegality of Contracts In Ghana; Filling the Gap
24 Pages Posted: 26 May 2020
Date Written: April 28, 2020
Abstract
The jurisprudence of contract law in many common law countries is a pure borrowing of English law with little or no modifications to reflect changes occasioned by constitutional law. The concept of illegality of contracts in Ghana is no exception. This article therefore advances the argument that the concept of illegal contracts as inherited from common law for Ghana's purposes is moribund. It therefore seeks to expand the scope to cover constitutionally illegal contracts. Contracts cannot be said to be illegal upon a breach of a statute and public policy only; but in the peculiar case of Ghana, the 1992 constitution. The article therefore provides a comprehensive understanding of an unconstitutional; or constitutionally illegal contract and its incidence on the rights of contracting parties. The sole aim is to expand and modernize the teaching and learning of the law in Ghana so far as illegal contracts are concerned. The literature on the topic should reflect this area of the law. It also cannot be gainsaid that, corporate lawyers and people of commerce will have its advantage.
Keywords: Unconstitutional Contract; Illegal contract; Statutory Illegality; Public Policy Illegality; Restitution
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