Catherine Mitchell, CONTRACT LAW AND CONTACT PRACTICE Oxford: Hart Publishing (www.hartpub.co.uk), 2013. xvii+288 pp. ISBN: 9781849461214. £55 (hardback; electronic formats are also available).

Author
DOI10.3366/elr.2015.0311
Published date01 September 2015
Date01 September 2015
Pages434-435

The author seeks to undertake the difficult task of bringing together the worlds of contract theory and contract practice. This is done in the specific context of commercial expectations. To what extent does contract law currently have regard to commercial expectations? Is there scope for the law to engage further with such expectations, and if so, in which areas of contract law, how, and using which theoretical model as a foundation? Although the work takes English contract law as its primary focus, there is considerable engagement with recent Scots literature (e.g. the reference to Martin Hogg's work (116) and caselaw such as Aberdeen City Council v Stewart Milne Group Ltd[2011] UKSC 56 and Multi-Link Leisure Developments Ltd v North Lanarkshire Council[2010] UKSC 47), and the Scottish Law Commission's work on contractual interpretation is cited in support of a major plank of the author's argument (99). Throughout the book there is much that will be of interest and value to the Scottish practitioner or scholar.

After a very full and useful introductory chapter, the book's argument commences in chapter two with a substantial chapter exploring the notion of commercial expectations. This chapter explores the question of what, precisely, is meant when parties or the courts advert to “commercial expectations.” The author considers such...

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