396Nature of unenforceability of agreements

##### 396 Nature of unenforceability of agreements (1) This section applies where an agreement, or a provision of an agreement, is unenforceable because of a provision of this Act. (2) A party to the agreement is not entitled, as against any other party: (a) to enforce the agreement or provision, as the case may be, whether directly or indirectly; or (b) to rely on the agreement or provision, as the case may be, whether directly or indirectly and whether by way of defence or otherwise. (3) A party to the agreement is not entitled to recover by any means (including, for example, set-off, a quasi-contractual claim or a claim for a restitutionary remedy) any amount that, but for this section, another party would have been liable to pay to the first-mentioned party under or in connection with the agreement or provision, as the case may be.