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

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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
Conclusions 77Mr. Justice Holmes than when studying developmentsand trends in the law of contracts during the lastthree or four hundred years. "The law," he observed," is always approaching, and never reaching, consistency.It is forever adopting new principles from lifeat one end, and it always retains old ones from historyat the other. ... It will become entirely consistentonly when it ceases to grow."
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AUSTRALIAThe Law Book Co. of Austra
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First published in 1959 byStevens &
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HAMLYN LECTURERS1949 The Right Hon.
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viiiThe Hamlyn TrustPeoples and rea
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2 Growth of Sanctity of Contractsmo
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4 Growth of Sanctity of ContractsTh
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6 Growth of Sanctity of Contractsen
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8 Growth of Sanctity of Contractsin
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10 Growth of Sanctity of Contractsp
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12 Growth of Sanctity of Contractsp
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14 Growth of Sanctity of Contractsh
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16 Growth of Sanctity of Contracts"
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18 Growth of Sanctity of Contractsc
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20 Encroachments on Sanctity of Con
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Page 38 and 39: 26 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 66: 54 Curtailment of Freedom by the Co
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: Conclusions 75fundamental changes o
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