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

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First published in 1959 byStevens & Sons Limited of119 & 120 Chancery LaneLondon — Law Publishersand printed in Great Britainby the Eastern Press Ltd.of London and ReadingStevens A Sons, Limited1959
CONTENTSThe Hamlyn Trust . . . . . page vii1. GROWTH OF SANCTITY OF CONTRACTS . . 1The Moral Basis of Contract—The Influence ofthe Ecclesiastical Courts—Contracts in the Courtof Chancery—Enforceability of Contracts atCommon Law—The Influence of Benthamism—Nineteenth Century Views of Contracts: TheHistorical School—The "Will Theory" of Contracts—Conclusion2. ENCROACHMENTS ON SANCTITY OF CONTRACTS 19Contracts which Equity Declined to Enforce—Curtailment of Freedom of Contract by theLegislature—Contracts entered into on Sunday—Wagering Contracts—Infants' Contracts—TruckActs—Moneylenders Acts—Hire-Purchase Acts—Labour Legislation—Trade Union Legislation3. CURTAILMENT OF FREEDOM OF CONTRACT BYTHE COMMON LAW COURTS . . . 39Implied Terms—Impossibility of Performance—Contracts Contrary to Law or Morality—Contractsin Restraint of Trade—Monopolies andRestrictive Practices—Executive Arrangements4. A COMPARISON AND CONCLUSIONS . . . 67The Obligation of Contracts Clause in theAmerican Constitution—Conclusions
Page 6 and 7: AUSTRALIAThe Law Book Co. of Austra
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 58 and 59:
46 Curtailment of Freedom by the Co
Page 60 and 61:
Page 62 and 63:
Page 64 and 65:
Page 66:
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
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