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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - CONTRACT CASES AND MATERIALS

CONTRACT CASES AND MATERIALS by H. G. Beale, B.A., Barrister, Lecturer in Law, University of Bristol, W. D. Bishop, M.A., B.C.L., Lecturer in Law, London School of Economics and Political Science, and M. P. Furmston, T.D., B.C.L., M.A., LL.M., Barrister, Professor of Law, University of Bristol. Butterworths, London (1985, xxxvi and 725 pp., plus 11 pp. Index). Hardback £30; paperback £19.95.
CONTRACT LAW IN PERSPECTIVE (2nd Edition) by John Tillotson, LL.M., B.A., Head of the School of Law, Leeds Polytechnic. Butterworths, London (1985, xxi and 236 pp., plus 8 pp. Index). Paperback £7.95.
What is happening to contract law teaching? For years students and teachers alike have relied on weighty tomes in the “treatise” mould—books which attempt to reconcile the irreconcilable and which acknowledge conflicts only as a synonym for private international law. For those willing to countenance a casebook, only the comprehensive, albeit conservative, collection compiled by Professor J. C. Smith and the late Professor J. A. C. Thomas has merited any serious consideration. The underlying message of these traditional works is that the law of contract is defined by a set of unified principles derived from the twin concepts of voluntary agreement and reciprocal promise. According to this approach, doctrines that purport to resolve problems caused by asymmetrical information, changing market circumstances, or the occurrence of unforeseen contingencies are rationalized by a clear conception of what does and what does not constitute legal agreement and by clarification of the notion

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