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

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