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

56 Curtailment of Freedom by the Courts" Opinions may differ whether the suicide of a manwhile sane should be deemed to be a crime, but it isso regarded by our law. . . . While the law remainsunchanged the court must, we think, apply thegeneral principle that it will not allow a criminal orhis representative to reap by the judgment of thecourt the fruits of his crime."CONTRACTS IN RESTRAINT OF TRADEA contract is said to be in restraint of trade when itsperformance would limit competition in any trade orbusiness or profession or would restrict one of theparties in the exercise of his trade or occupation. Itappears from a case " decided in the reign of QueenElizabeth I, that all such restraints were even thenregarded as void having regard to their tendency tocreate monopolies. This has throughout remainedthe general reaction of the courts. The justificationfor this attitude was expressed in modern termsby Lord Macnaghten in the celebrated Norde.nfeltcase 12 in these words: " The public have an interestin every person's carrying on his trade freely: so hasthe individual. All interference with individual libertyof action in trading, and all restraints of trade ofthemselves, if there is nothing more, are contrary topublic policy, and therefore void. That is the generalrule."" Colgate v. Batchelor (1596) Cro.Eliz. 872.12 Nordenfelt v. Maxim NordenfeH, etc., Co. [1894] A.C. 535,565.