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TMI BlogExpression “public policy”X X X X Extracts X X X X X X X X Extracts X X X X ..... nt which formerly was mischievous to commerce. But it is one thing to say that an occasion has arisen upon which to adhere to the letter of the rule would be to neglect its spirit, and another to deny that the rule still exists. The dicta which Lord Justice Fry cites from Hitchcock v. Coker [142. 6 A. E. 348], from Tallis v. Tallis [1 E. B. 391], and from Mallan v. May [11 M. W. 653], are all dicta in cases of partial restraint, where the reasonableness of the particular contract necessarily came under consideration. The necessary protection of the individual may in such cases be the proper measure of the reasonableness of the bargain. When Lord Justice Fry passes on [14 Ch. D. 366] to examine the question of the existence of the common law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of public opinion and morality, but, as Lord Wright has said, public policy, like any other branch of the Common Law, ought to be, and I think is, governed by the judicial use of precedents. If it is said that rules of public policy have to be moulded to suit new conditions of a changing world, that is true; but the same is true of the principles of the Common Law generally. In Halsbury s Laws of England, 3rd Edn., Vol. 8, the doctrine is stated at p. 130 thus: Any agreement which tends to be injurious to the public or against the public good is void as being contrary to public policy . It seems, however, that this branch of the law will not be extended. The determination of what is contrary to the so-called policy of the law necessarily ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstances of a changing world, it is advisable in the interest of stability of society not to make any attempt to discover new heads in these days. [Gherulal Parakh v. Mahadeodas Maiya, 1959 (3) TMI 58 - SUPREME COURT [ Gherulal ] Public Policy has been defined by Winfield as- a principle of judicial legislation or interpretation founded on the current needs of the community see Percy H. Winfield, Public Policy in English Common Law . Harvard Law Rev. 76. ......Now, this would show that the interests of the whole public must be taken into account; but it leads in practice to the paradox that in many cases what seems to be in contemplation is the interest of one section only of the public, and a small section at that. The explanation of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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