16 General remarks

The importance of the principle of security in private law can be understood by considering some of the ways in which the security of natural and legal persons in the normal conducting of their lives and affairs can be threatened. The most obvious way is by unlawful invasions of their rights and interests or indeed by any unwanted disturbance of the status quo. Security, particularly in forward planning, is also threatened by uncertainty of outcomes. This can be caused by inaccessible or confusing or badly drafted laws. It can also be caused by the unpredictability of others. Will they perform their obligations? Will they do so properly? Will they give good value or attempt to cut corners and get away with the minimum possible? Will they be uncooperative and difficult to work with? Will they be able to pay? Are there effective remedies if things go wrong?