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Vanishing Contract Law

Vanishing Contract Law

Vanishing Contract Law

Common Law in the Age of Contracts
Series:
Author:
Catherine Mitchell, University of Birmingham
Published:
June 2024
Availability:
Available
Format:
Paperback
ISBN:
9781009077392

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    English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.

    • Contextualises modern contract law using practical examples, considering the role of regulation and its relationship to contract law
    • Examines practically important areas of contracting activity that affect many people, but that contract law largely ignores
    • Accessibly written account of contract law's past, present and future, making it beneficial and approachable for a wide range of readers

    Product details

    June 2024
    Paperback
    9781009077392
    258 pages
    229 × 152 mm
    0.381kg
    Available

    Table of Contents

    • 1. Vanishing contract law
    • 2. Contract common law trends
    • 3. Contractualisation and the common law retreat
    • 4. Private ordering, regulation and contract law
    • 5. Contracts through the gaps
    • 6. Future challenges for contract law
    • 7. The possibility of common law revival
    • 8. Conclusion.
      Author
    • Catherine Mitchell , University of Birmingham

      Catherine Mitchell is a Reader in Private Law at the University of Birmingham. She has published widely on contract, and has been cited by the House of Lords, the Singapore Court of Appeal and by the Law Commissions of England and Scotland.