The Sanctity of Contracts in English Law - College of Social ...

2 Growth of Sanctity of Contractsmoral basis of contract is that the promisor has byhis promise created a reasonable expectation that itwill be kept." He could have found support for thisview in the words of a former Oxford professor, SirThomas Erskine Holland; for Holland (writing in1916) in his book on Jurisprudence 2 declared that" when the law enforces contracts it does so toprevent disappointment of well-founded expectations,which, though they usually arise from expressionstruly representing intention, yet may occasionallyarise otherwise." In fact, however, Professor Goodhart,not unnaturally, sought confirmation of his viewon the American continent and found it in thefollowing quotation from an American legal classic,namely, Professor Corbin's eight-volume work on theLavo of Contracts 3 : " That portion of the field of lawthat is classified and described as the law of contractsattempts the realisation of reasonable expectationsthat have been induced by the making of a promise.Doubtless, this is not the only purpose by which menhave been motivated in creating the law of contracts;but it is believed to be the main underlying purpose,and it is believed that an understanding of manyof the existing rules, and a determination of theireffectiveness require a lively consciousness of theirunderlying purpose."There are at least three good reasons which can beadvanced in support of Professor Goodhart's view ofthe moral basis of contract in English law. One is2 12th ed. (1916) at p. 262.3 Law of Contracts, 1950, Vol. 1, p. 2.