Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - CONTRACT LAW
CONTRACT LAW by Ewan McKendrick, LL.B., B.C.L., Lecturer in Law, London School of Economics. Macmillan, London (1990, xxxi and 272 pp., plus 5 pp. Appendix and 5 pp. Index). Paperback £7.99.
This is a good book; though to a certain extent its impressive qualities are not immediately apparent. The publisher’s “blurb” informs us that Contract Law is: “one of a series of clear explanatory tests suitable for students on professional and business courses or for those wanting to improve their existing knowledge and skills.” (I wonder whether publishers realize that the optimistic catch-all phrases which invariably follow their description of a book’s audience are interpreted by potential readers, if not ejusdem generis, then certainly contra proferentem). This identifies a somewhat limited audience and would cause many lawyers and students hurriedly to replace the book on the shelf. That would be a pity! For, somewhat more hopefully, the blurb continues (which I suspect represents the triumph of author over publisher) to recommend the text as “invaluable” for first-year undergraduates. And indeed it is. But the disguise continues a little longer. For a cursory glance at the contents page reveals little new or exciting in the arrangement of materials. The main part of the book begins with the birth of the contract (Part I: The Formation and Scope of a Contract), it then tenaciously clings to life while its innards are dissected (Part II: The Content of a Contract) and its good behaviour is considered (Part III: Policing the Contract) before its demise is predictably reported (Part IV: Performance and Breach of Contract) and the usual post mortem performed (Part V: Remedies).
However, when the text is read, a much more favourable impression is formed. For the author examines his subject in a thoughtful and stimulating way. The major cases are, of course, competently digested, with a good peppering of interesting Commonwealth and U.S. decisions; but the book is greatly enlivened by a considerable reference to, and précis of, the extensive recent academic writings on the theory of contract law. This approach is all the more valuable as the author is not himself one of the major protagonists in any ongoing debate, so his comment is always dispassionate and fair.
It is hoped that this book will find favour among undergraduates for whom, at £7.99, it must represent something of a bargain. Its appeal in that quarter is probably further enhanced (though I would suggest its quality again further disguised) by the presence of exercises and summaries at the end of each chapter. Whether these summaries sit well with the discussions of theoretical questions is perhaps another matter. The practitioner will not, I fear, be so
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