“CONTRACT LAW AND CONTRACT PRACTICE – BRIDGING THE GAP BETWEEN LEGAL REASONING AND COMMERCIAL EXPECTATION by CATHERINE MITCHELL (Oxford: Hart Publishing, 2013, 308 pp., £50.00) In this book, Catherine Mitchell argues that the English law applying to commercial contracts leaves a significant gap between what the court will recognize as the parties’ legal entitlements and the parties’ ‘commercial expectations’ – as Stewart Macaulay put it, between the ‘paper deal’ and the ‘real deal’. In a very thorough and careful argument, drawing on a very wide range of sources, Mitchell proposes that commercial contract law – she deliberately excludes consumer and employment contracts from her analysis – should become more ‘relational’ … (more)
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Hugh Beale, ‘Bridging the Gap: A Relational Approach to Contract Theory’. Journal of Law and Society, Volume 41, Issue 4, pages 641–651, December 2014.
First posted 2014-11-28 09:21:16
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