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 | |
DOI | 10.3366/elr.2015.0311 |
Published date | 01 September 2015 |
Date | 01 September 2015 |
Pages | 434-435 |
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
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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