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

58 Curtailment of Freedom by the Courtsnot the same thing as the policy of the government,whatever its complexion."On the whole one must agree with Kekewich J. thatthe expression does not admit of precise definition 15 :" All authorities," remarked the learned judge," from first to last, concur in one thing—viz., thatthe doctrine on this subject is founded on ' publicpolicy '; and I cannot but regard the jarring opinionsas exemplifying the well-known dictum of Mr. JusticeBurrough in Richardson v. Mellish 16 that publicpolicy is a very unruly horse, and when you onceget astride it you never know where it will carryyou. Public policy does not admit of definition andis not easily explained." One must, in the circumstances,be satisfied with a general description ratherthan a definition. Sir Percy WinfieM described publicpolicy as "a principle of judicial legislation orinterpretation founded on the current needs of thecommunity." 17 Lord Truro in Egerton v. Brownlow 1 *described it as: " that principle of law which holdsthat no subject can lawfully do that which has atendency to be injurious to the public, or against thepublic good—which may be termed the policy of thelaw, or public policy in relation to the law."In its application to the field of contract LordWright has described it as " considerations of publicinterest which require the courts to depart from« Davies v. Davies (1887) 36 Ch.D. at p. 364.16(1824) 2 Bing. 229, 252." 42 Harv.Law Bev. 76, 92.18(1853) 4 H.L.C. 1 at p. 196.