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

More documents

Recommendations

Info

24 Encroachments on Sanctity of ContractsCURTAILMENT OF FREEDOM OF CONTRACTBY THE LEGISLATUREThe circumstances in which the legislature has declaredthat agreements or promises however solemnlymade shall be treated as void are by now numerous;and the reasons for such declarations vary greatly.CONTRACTS ENTERED INTO ON SUNDAYIn the first place religious, ethical or moral considerationshave prompted legislative action in someinstances. One example of that is the Sunday ObservanceAct, 1677. A promise made on a Sunday appearsto have had the like validity at common law as apromise made on any other day. But under theSunday Observance Act, 1677, no tradesman, artificer,workman, labourer or other person whatsoever shalldo or exercise any worldly labour, business or workof their ordinary calling 8 on Sunday. Works ofnecessity and charity are, however, excepted. Anyperson over the age of thirteen years offending againstthe prohibition is liable to forfeit the sum of 5s. inrespect of each offence and a contract which involvesa contravention of the Statute is illegal and so cannotbe enforced.The Act applies to transactions in private as wellas in public 9 ; but it has been narrowly construed ins Thus in' Drury v. Defontaine (1808) 1 Taunt. 131, a privatesale of a horse on a Sunday by an auctioneer who exercisedhis calling as an auctioneer at public sales wag held notto be void as not having been made by him in exercise ofhis ordinary calling; while twenty years kkter a sale ofnutmegs through a broker on a Sunday was held not to beactionable: Smith v. Sparrow (1827) 4 Bing. 84.» Fennell v. Ridler (1826) 5 B. & C. 406.
Contracts Entered into on Sunday 25the sense that only those persons falling strictlywithin the categories of tradesman (a person notcarrying on the business of buying and selling thingsis not a tradesman), artificer (a person who does notactually make things is not an artificer), workman,labourer (a person who is not employed to work for. another is not a workman or labourer 10 ) or otherperson ejusdeni generis and so he is not within thestatute.Whatever may be the true reasons for the continuedretention of this enactment in the Statute-book, and,however technical and haphazard its modern applicationmay appear, I think it must be agreed that itsenactment was prompted by the puritan influenceswhich were still potent in the early days of CharlesIPs reign.WAGERING CONTRACTSAnother field in which considerations of religiousor moral welfare have been similarly operative is thatof betting or wagering.Neither the legislature nor the judiciary in thiscountry have ever been able to make up their mindsdefinitely to what extent, if any, gambling or bettingas such is immoral or contrary to the public interest.This is well borne out by the attitude of the courtsand Parliament towards wagering contracts. Thecomments of two outstanding jurists on this matterare somewhat caustic. Sir William Holdsworth's is10 See Palmer v. Snow [1900] 1 Q.B. 725.H.L. 3
Page 6 and 7: AUSTRALIAThe Law Book Co. of Austra
Page 8 and 9: First published in 1959 byStevens &
Page 10 and 11: HAMLYN LECTURERS1949 The Right Hon.
Page 12 and 13: viiiThe Hamlyn TrustPeoples and rea
Page 14 and 15: 2 Growth of Sanctity of Contractsmo
Page 16 and 17: 4 Growth of Sanctity of ContractsTh
Page 18 and 19: 6 Growth of Sanctity of Contractsen
Page 20 and 21: 8 Growth of Sanctity of Contractsin
Page 22 and 23: 10 Growth of Sanctity of Contractsp
Page 24 and 25: 12 Growth of Sanctity of Contractsp
Page 26 and 27: 14 Growth of Sanctity of Contractsh
Page 28 and 29: 16 Growth of Sanctity of Contracts"
Page 30 and 31: 18 Growth of Sanctity of Contractsc
Page 32 and 33: 20 Encroachments on Sanctity of Con
Page 50 and 51: 38 Encroachments on Sanctity oj Con
Page 52 and 53: 40 Curtailment of Freedom by the Co
Page 66: 54 Curtailment of Freedom by the Co
Page 69 and 70: Contracts in Restraint of Trade 57B
Page 71 and 72: Contracts in Restraint of Trade 59t
Page 73 and 74: Monopolies and Restrictive Practice
Page 75 and 76: Monopolies and Restrictive Practice
Page 77 and 78: Executive Arrangements 65To illustr
Page 79 and 80: CHAPTER 4A COMPARISON AND CONCLUSIO
Page 81 and 82: The Obligation of Contracts Clause
Page 83 and 84: Conclusions 71sections of the edifi
Page 85 and 86: Conclusions 73statutory regulations
Page 87 and 88:
Conclusions 75fundamental changes o
Page 89:
Conclusions 77Mr. Justice Holmes th
show all

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

Create successful ePaper yourself

Delete template?

Save as template?