307. Types of illegality.

Contracts may be illegal either as formed or as performed1. A contract to perform an act, which is at the time of the contract illegal, is void2. In such a case, the employer cannot seek to recover payments made under the illegal contract3, nor can the contractor claim the contract price4. Thus a contractor cannot claim the value of work carried out in excess of that permitted by a licence5, but if the employer expressly undertakes that he will obtain the necessary licence and the contractor reasonably relies on the employer to do so, the contractor will have a