Vanishing Contract Law

Common Law in the Age of Contracts

Catherine Mitchell (University of Birmingham)

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English

Cambridge University Press
13 June 2024

International business; Private international law & conflict of laws; Company, commercial & competition law; Contract law

Series: Law in Context

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.

By: Catherine Mitchell (University of Birmingham)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
ISBN: 9781009077392
ISBN 10: 1009077392
Series: Law in Context
Pages: 258
Publication Date: 13 June 2024
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Forthcoming

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.

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.