Working Through Contract Law Mckendrick When You Actually Need It
I picked up the tenth edition of Mckendrick's contract law text because my firm needed a reliable reference for recent developments in misrepresentation and exclusion clauses. What I found was more useful than expected, especially for practitioners dealing with modern commercial disputes where older case law gets cited but the principles have shifted. Contract Law Ewan Mckendrick 10th Edition covers the fundamental areas you need when advising clients or preparing cases. The treatment of vitiating factors, particularly mistake and illegality, reflects changes in the Supreme Court decisions from the past decade. The analysis of remoteness under the rule in Hadley v Baxendale has been updated to account for cases like TRANSCO plc v Stockport Metropolitan Borough Council [2003] and The Achilleos [2008], which changed how courts approach recoverable losses in commercial contracts. One thing the book does well is explain how implied terms work in practice. The distinction between terms implied in fact, law, and by custom gets clearer when you see worked examples alongside the statutory framework from the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The discussion of unconscionability in relation to the Unfair Contract Terms Act 1977 is particularly thorough, covering situations where businesses try to rely on standard terms that might fail the reasonableness test.
Where the Book Falls Short
The coverage of EU-derived regulations on consumer contracts has become outdated since Brexit. The analysis of the Consumer Rights Act 2015 is accurate, but situations involving cross-border transactions with EU customers now require additional research into retained EU law and the UK's new regulatory framework. I spent about three hours extra looking into post-Brexit implications for a client dealing with German suppliers, which the textbook did not address. The treatment of proprietary estoppel in relation to land contracts could be more detailed. Cases like Thorner v Major [2009] and Swift 156 Flash get brief mentions, but practical guidance on how to establish a claim is thinner than I would like. When I dealt with a disputed boundary agreement between neighbors, I had to supplement with specialist property law texts to get the full picture.
Practical Usage Tips
The index is comprehensive, which saves time when you need to locate specific provisions quickly. Cross-references between chapters help when dealing with overlapping issues like misrepresentation and undue influence. The case summaries are concise, usually capturing the essential ratio in two or three sentences without unnecessary detail. When using this for exam preparation or practical research, focus on the chapters covering formation of contract and breach. These areas appear most frequently in commercial disputes and form the backbone of most contract claims. The treatment of damages, particularly the duty to mitigate under the rule in Johnson v Agnew [1980], is explained with sufficient depth for both students and practitioners. The bibliography lists current primary and secondary sources, which helps when you need to verify points against original materials. However, the online resources mentioned may have changed since publication, so always check the latest versions of statutes and cases rather than relying solely on the printed references.
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Specific Problem I Encountered
Last year I dealt with a dispute involving a verbal variation to a written contract. The other party claimed we had agreed to change delivery terms over the phone, but there was no written evidence. Mckendrick's treatment of variation clauses and the parol evidence rule helped me establish that the original written terms should prevail unless there was clear evidence of intention to vary. I used section 2(1) of the Law Reform (Frustrated Contracts) Act 1943 alongside the case authority in Rockwell v Pray [1999] to argue that the variation was unenforceable due to lack of consideration. The workaround was to gather email correspondence showing both parties acknowledging the original terms remained binding. This evidence, combined with the textbook's analysis of course of dealing, persuaded the court that no valid variation had occurred. The process took about four hours of research and preparation, but having Mckendrick as a reference point saved significant time compared to starting from scratch.
Who Should Use This Textbook
Law students studying contract law at undergraduate or postgraduate level will find the structure logical and the coverage comprehensive. Practitioners dealing with commercial disputes benefit from the practical analysis of how courts apply established principles to modern situations. Academic researchers might appreciate the thorough treatment of comparative perspectives, particularly the discussion of civil law approaches to good faith in contract performance. The price point is reasonable for a heavyweight text of this caliber, though the hardback edition runs to over 900 pages, which makes it cumbersome for field work. The paperback version covers substantially the same material but lacks some of the detailed appendices containing model clauses and statutory forms. I usually keep both formats available, using the hardback for research and the paperback for quick reference during meetings. For those new to contract law, the introductory chapters provide sufficient grounding without oversimplifying complex doctrine. The treatment of offer and acceptance, particularly the challenges posed by electronic communications under the Electronic Communications Act 2000, is explained clearly with relevant case authority. However, the book assumes some familiarity with legal reasoning and terminology, so absolute beginners might benefit from supplementary reading on basic legal methods before diving in.
Alternatives to Consider
Beale's Chitty on Contracts remains the definitive encyclopedia for comprehensive coverage, though at over 3,000 pages it is impractical for most purposes. Treitel on the Law of Contract offers slightly different perspectives on certain issues, particularly regarding third-party rights under the Contracts (Rights of Third Parties) Act 1999. For practitioners dealing with international commerce, McMeel's Electronic Commerce and International Sales provides specialized analysis of online contracting issues that Mckendrick only briefly addresses. The choice depends on your specific needs. If you require authoritative treatment of English contract law with practical insights, Mckendrick tenth edition serves well. For specialist areas like financial derivatives or insurance contracts, you will need additional specialized texts regardless of which general textbook you choose. The market for contract law publications remains active, with new editions appearing regularly to reflect legislative changes and judicial developments.
Final Thoughts on Practical Application
Having used this textbook extensively over the past year, I find it reliable for everyday practice despite the limitations I mentioned. The analysis of recent case law is generally accurate, and the statutory coverage keeps pace with legislative developments. For specific problems involving novel issues or borderline cases, supplementary research remains necessary regardless of which textbook you rely upon. The value lies not in finding definitive answers but in understanding how established principles apply to changing circumstances. Contract law evolves through judicial decision and legislative intervention, and any textbook must balance comprehensiveness with accessibility. Mckendrick tenth edition achieves this balance adequately, making it a worthwhile addition to any practitioner's library despite the inevitable gaps that arise from the dynamic nature of the subject.
