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

76 A Comparison and Conclusionscontaining many terms which the acceptor often neverreads and often also which, if he did read, he couldnot fully comprehend. The printed or typed formof contract is presented to the customer, whosealternatives are, either to do business on its terms,or to decline to do business at all and do without theservice or commodity. It may well be that a personwho concluded the bargain in such circumstances cannothave the respect for his obligations that he ought tohave, and when he finds his position difficult may pressfor relief from what he regards as a " technical "obligation of which he was not fully aware or whichhe only imperfectly understands or which he onlyunwillingly accepted.A third influence may well be the complexity ofmodern activities and the consequent difficulty ofproviding for every eventuality. I have alreadyquoted from Denning L.J.'s judgment in the Movietonewscase that " we cannot any longer credit a partywith the foresight of a prophet or his lawyer with thedraftsmanship of a Chalmers." Here again a partymay regard the matter in issue as a " technicality "the import of which he did not comprehend.All these circumstances in my view tend to diminishthe regard of the promisor for his promise or contractualobligation. And it is not without interest that inthe United States also the nineteenth century faithin the freedom of contract is neither so universallynor so potently felt.One never appreciates more fully the truth of aprofound observation by that great American judge