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

Contracts which Equity Declined to Enforce 23So they would order specific performance of an oralagreement and this notwithstanding the absence ofwritten evidence, provided that suitable acts of partperformance of the agreement were proved.I have drawn attention to this treatment ofcontracts by the Court of Chancery because itillustrates two general trends. In the first place, itshows that although good faith and honest dealingdemanded the observance of promises and agreementsin general, circumstances might occur in individualcases where a plaintiff had obtained a promise orassent from another by unfair, dishonest or fraudulentmeans thereby disentitling him to the assistanceof equity to force the promisor to fulfil this promise.Secondly, notwithstanding the prescription by thelegislature of a minimum requirement to prove certaincontracts, fraud on the defendant's part might, againin individual cases, and in the interests of fair andhonest dealing, drive the courts to compel thepromisor to carry out his promise or agreement in spiteof the absence of the statutory, requisite, writtenevidence.I have dwelt on these perhaps rather obvious pointssimply to show how in certain circumstances althougha promise had been given, the law would not giveits aid to compel its performance, and how in othercases although the legislature might prescribe aminimum of proof for a promise, yet the Chanceryjudges might by-pass the prescription in order toprevent the promisor from getting away with his fraud.