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

The Moral Basis of Contract 5justify the legal enforcement of promises; and some ofthose reasons have in their day had wide currencyand considerable influence. Indeed traces of theseinfluences may be discerned even into modern times.As a distinguished American scholar has observed, 6" Even when a new generation of judges no longerholds the same philosophic and economic views, it ishard to escape the authority of previous decisions,and previous grounds of decision. The change takesplace more slowly."Before entering upon a consideration of otherreasons put forward in their day, it may not be withoutinterest to mention a fact noted by Holland 7 : "Ithas been paradoxically maintained," he writes, " bymore than one writer of eminence that no assistanceshould be given by law to the enforcement of agreementson the ground that they should be entered intoonly with those whose honour can be trusted; and thelaws of Charondas and the ancient Indians are statedto have proceeded on this principle."THE INFLUENCE OF THE ECCLESIASTICAL COURTSBefore the common law courts had evolved ageneral remedy for breaches of simple contracts, boththe ecclesiastical courts and the Court of Chanceryhad, in some measure, tried to fill the wide gap in thelaw left open by the common law writ system. Wherea promisor had pledged his faith to perform hispromise—that is to say, had made a promise or« Williston, 6 Cornell L.Q. 365.7 Holland's Jurisprudence, 12th ed., p. 260.