Quote#Wisdom
Illegality is not to be presumed; it is to be alleged and proved when…
Quote byNicholas Conyngham Tindal · 1776–1846
Commonly attributed — not confirmed in an authoritative edition. Cited on Wikiquote to: Lord Howden v. Simpson (1839), 10 A. & E. 821; reported in James William Norton-Kyshe, Dictionary of Legal Quotations (1904), p. 103-104..
English (original)
Illegality is not to be presumed; it is to be alleged and proved when it does not appear on the face of the instrument itself.
— Nicholas Conyngham Tindal
More from Nicholas Conyngham Tindal
It is fraud in law if a party makes representations which he knows to be false, and injury ensues, although the motives from which the representations proceeded may not have been bad.
Whatever restraint is larger than the necessary protection of the party, can be of no benefit to either, it can only be oppressive; and if oppressive, it is, in the eye of the law unreasonable.
It is to be remembered that contracts in restraint of trade are in themselves, if nothing more appears to show them reasonable, bad in the eye of the law.
We should not be too strict in construing instruments or contracts generally drawn up on the spur of the moment.
Whatever is injurious to the interests of the public is void, on the grounds of public policy.
There is no reason for assuming, that the time of medical men and attornies is more valuable than that of others whose livelihood depends on their own exertions.