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Regazzoni v. K. C. Sethia (1944) Ltd.

[1958] AC 301; [1957] 3 All ER 286; (1961) 24 I.L.R. 15 (1957)

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Regazzoni v. K. C. Sethia (1944) Ltd.

United Kingdom House of Lords
[1958] AC 301; [1957] 3 All ER 286; (1961) 24 I.L.R. 15 (1957)

Facts

K. C. Sethia (1944) Ltd. (Sethia) (defendant), an English company, agreed to sell jute bags from India to Polisseno Regazzoni (plaintiff), a resident of Switzerland. The purpose of the transaction was to deliver the goods to South Africa through Italy, even though both parties knew that transmission of the goods to South Africa either directly or indirectly was illegal in India under the Sea Customs Act, 1878. Sethia repudiated the contract, and Regazzoni sued Sethia in England. The trial court rejected the claim, holding that the English courts would not enforce a contract that was intended to violate foreign laws. The appellate court affirmed. Regazzoni appealed to the House of Lords.

Rule of Law

Issue

Holding and Reasoning (Simonds, J.)

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