''Holman v Johnson'' (1775) 1 Cowp 341 is an

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

case, concerning the principles behind illegal transactions. It is also possibly the first case in English law where the court explicitly recognised that aspects of a claim before the court might be adjudicated according to foreign law.Alexander Sack, ‘Conflicts of Laws in the History of England’, in Alison Reppy (ed.), Law: A Century of Progress - 1835-1935 (New York University Press, 1937), vol 3, p 395.

Facts

The claimant, who lived in

Dunkirk Dunkirk (french: Dunkerque ; vls, label=French Flemish, Duunkerke; nl, Duinkerke(n) ; , ;) is a commune in the department of Nord in northern France.tea Tea is an aromatic beverage prepared by pouring hot or boiling water over cured or fresh leaves of '' Camellia sinensis'', an evergreen shrub native to East Asia which probably originated in the borderlands of southwestern China and northe ...

to the defendant. The claimant knew it was intended to be

smuggled Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. There are various ...

into England, though was not concerned with the smuggling scheme. The method of payment was meant to be by bills of exchange drawn in England. The claimant brought an action for non-payment, and the defendant contended that it could not be enforced because the contract was unlawful.

Judgment

Lord Mansfield CJ William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to Lond ...

held that the agreement could be enforced because the seller had himself done nothing unlawful. He said the following. In relation to the

conflict of laws Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad t ...

point, Mansfield added:

Significance

The decision was cited with approval by the

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

in ''

Government of India v Taylor ''Government of India v Taylor'' 955AC 491 (sometimes called ''Re Delhi Electric Supply & Traction Co Ltd'') is a judicial decision of the House of Lords relating to the enforceability of foreign tax claims under English law. The House of Lord ...

955 Year 955 ( CMLV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * August 10 – Battle of Lechfeld: King Otto I ("the Great") defeats the Hungarians (also ...

AC 491.

Notes

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References

* English contract case law English conflict of laws case law 1775 in British law 1775 in case law Court of King's Bench (England) cases Lord Mansfield cases

Facts

Judgment

Significance

See also

Notes

References