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

74 A Comparison and Conclusionssocial theories. But in its interpretation of sociallegislation, as well as in applying and advancing wellestablishedlegal principles, the judiciary is inevitablycalled upon " to reconcile the freedom which isnecessary if the individual is to give of his best tomankind, with the compulsion which is necessary ifthe community is to exist in which alone he can enjoyhis freedom." X1 When in the past the courts have beenengaged in this task, they have often shown a specialvirtue in moulding and adapting time-old principlesto fit new situations. And this they must at allcost continue to do; for the common law is " a livingorganism constantly readjusting itself to its environment,and it is in that power of constant readjustmentthat its supreme merit resides." 12 Yet when all thisis taken into consideration the role of the courts inreshaping and readjusting and guiding the affairs ofthe community must from the very nature of moderngovernment be secondary.I think we would be deceiving ourselves if we wereto believe that the respect of the ordinary citizen forhis formal contractual obligations is as great today asit was, say, a hundred years ago. Evidence to supportthis view is forthcoming from the developments withinthe law of contract itself during the present century.As we have seen, a whole area of excuse for nonperformanceof obligations has been opened up anddeveloped under the title of frustration. This is theoutcome of pressure by litigants for release frompromises which they find onerous having regard to11 Lord Macmillan, Law and Other Things, at p. 18.12 Ibid., at p. 54.