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

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

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70 A Comparison and Conclusionsclause nor the ' due process' clause has the effect <strong>of</strong>overrid<strong>in</strong>g the power <strong>of</strong> the state to establish allregulations that are reasonably necessary to securethe health, safety, good order, comfort, or generalwelfare <strong>of</strong> the community."It is true that taken together these provisions didand still do provide a considerable safeguard tothe contractual rights <strong>of</strong> <strong>in</strong>dividuals. Nevertheless,as we have already seen, their <strong>in</strong>fluence has not beenstrong enough to counteract the tendency to weakenobligations <strong>in</strong> the field <strong>of</strong> contracts with publicauthorities so that their force is not so great as that<strong>of</strong> private contracts.CONCLUSIONSI SHALL now proceed to summarise the developmentswhich I have tried to trace <strong>in</strong> my first three lecturesdraw<strong>in</strong>g attention to some contemporary trends <strong>in</strong>the treatment <strong>of</strong> contracts; and <strong>in</strong> conclusion I willventure to make some general observations on thosedevelopments and trends.We are so familiar with the broad def<strong>in</strong>itions <strong>of</strong> alegally enforceable contract framed dur<strong>in</strong>g the n<strong>in</strong>eteenthcentury and with the statement <strong>in</strong> generalterms <strong>of</strong> the govern<strong>in</strong>g pr<strong>in</strong>ciples <strong>of</strong> the law <strong>of</strong> contractthat we are <strong>in</strong>cl<strong>in</strong>ed to lose sight <strong>of</strong> the fact that thisbroad def<strong>in</strong>ition and these govern<strong>in</strong>g general pr<strong>in</strong>cipleshave been assembled from masses <strong>of</strong> separate rulesapplied by the courts from time to time <strong>in</strong> the decision<strong>of</strong> issues between <strong>in</strong>dividual litigants. It is a corollary<strong>of</strong> that generalisation that just as an edifice <strong>of</strong> broadpr<strong>in</strong>ciples can be erected by decision after decision so

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