An introduction to contract law. This book interprets judicial decision-making in contract cases, examining the pressure on the judge to abide with a traditional approach while meeting commercial expectations and protecting consumers.
UNDERSTANDING LAW
A seven-volume series of introductions to the core subjects of law: contract, criminal law, equity and trusts, property, public law, tort and the legal system.
CONTRACT LAW
The major contention of 'Understanding Contract Law' is that the legal rules regulating agreements cannot be understood without examining what lies behind those rules.
The book seeks to interpret judicial decision-making in contract cases. It portrays judges as caught in a web of tensions. They are pulled in one direction by a wish to keep faith with tradition; and in another direction by a wish to ensure acceptable outcomes to disputes, to meet commercial expectations, and to protect consumers. The outcome of any particular case will depend therefore not on the mechanical application of 'the law of contract' but on the way in which ideological tensions which structure judges' reasoning are resolved.
This accessible yet challenging analysis of contract law provides a full introduction to the subject and puts forward new ideas.