ABSTRACT
In the mid-19th century contract litigation occupied a significant amount of the time of the civil courts although there is evidence that even then businessmen were lobbying for High Court justice that was not only cheaper and quicker, but was also less dependent on the verdicts of juries unfamiliar with business matters and more in harmony with the commercial practices upon which trading expectations were founded. A century later, a survey of reported cases for 1957-66 revealed only 56 cases which were determined on the basis of points of contract law In the United States, Macaulay has similarly reported that ‘lawsuits for breach of contract appear to be rare’. What are the reasons for this decline in contract litigation during a period which has witnessed an enormous expansion in business activity?
