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

26 Encroachments on Sanctity of Contractsas follows: " In 1664 the struggle of the legislaturewith the gambler began." "And this is what Sir Frederick Pollock wrote withreference to legislative action: " The tale begins asearly as the Restoration. ... it is a tale of somepermanent value as an example of blundering goodintentions and a warning (if such people could takea warning) to hasty, piecemeal reformers." 12 Withreference to the judiciary Sir Frederick observed:" If our judges had taken a larger and more courageousview in the eighteenth-century they would haveheld as a matter of principle that the concern of thelaw is to protect and uphold men's honest dealingsin matters of serious business and not to let thedecision of such matters be delayed and hamperedby the hearing of suits brought on merely sportingpromises; not to mention the ill-effects of excessiveand systematic gambling on the general welfare ofthe realm. The courts could not prevent men fromgambling or from regarding payment of gaming debtsas a ' debt of honour '—taking precedence of muchmore important commercial liabilities; but that wasno reason for allowing such debts to be sued on. Butthe judges lacked courage to break the shackles ofmere form . . ." 13Wagering contracts were not as such illegal orvoid or even unenforceable at common law; but inview of a tendency for the parties to bring frivolousand sometimes indecent matters connected therewithu Holdsworth, H.B.L., Vol. VI, p. 404.12 Pollock on Contracts, 13th ed., p. 282.13 Pollock, op. cit. at p. 279.