Category: Contract Law

Treitel: The Law of Contract by Edwin Peel
Publisher: Sweet & Maxwell
Edition: 15th Edition (March 2020)
ISBN: 978-0-41407071-4
Price: £37.95
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Now in its fifteenth edition, Treitel: The Law of Contract remains simply one of the best textbooks on contract law for both students and practitioners alike. It is both clearly written and well-research meaning that the reader can be assured of an authoritative account of the law of contract. Complex legal issues are tackled with just the right amount of detail. For example, there is a critical analysis of the law of mistake following the House of Lords’ decision in Shogun Finance Limited v Hudson [2003] UKHL 62. This is vital for both students (particularly those looking for extra marks) and practitioners advising (for example) motor finance lenders on the position where a rogue applies for, and obtains, credit from a lender.

This latest edition has been thoroughly updated to include a number of important legal cases including Arnold v Britton & Others [2015] UKSC 36 and Wood v Capita Insurance Services Limited [2017] UKSC 24 on contractual interpretation, Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72 on implied terms and Cavendish Square Holding BV v Makdessi [2015] UKSC 67 on penalties at common law. The text has also been updated to reflect the impact of the Consumer Rights Act 2015 (particularly on the fairness of terms).

What remains impressive with Treitel: The Law of Contract is its balance: it is often easy for textbooks (particularly as the number of editions increase) to lose their focus. But not so with Treitel: The Law of Contract. Each chapter provides a fludily written account of the law of contract together with detailed footnotes (which often provide a treasure trove of further research materials). This is to be applauded: it means that it is a text which is close to my desk at all times.

For anyone practising or studying this intriguing and complex area of law, they need look no further than Treitel: The Law of Contract for an indispensable guide to the principles, case law and statutory provisions. Whilst students new to contract law may wish to read an introductory text to familiarise themselves with some of the basic principles, those wanting an authoritative, engaging and thought-provoking consideration of the law need look no further.

Reviewed on 24 June 2022

Many undergraduates, particularly on popular modules like contract law, face a difficult decision when selecting a textbook for their undergraduate contract law course: there are simply so many good contract law textbooks. Contract Law: Text, Cases and Materials by Professor Ewan McKendrick QC, one of the leading academic contract lawyers, aims to combine text, cases and materials into one succinct and lucid text. In my view, he achieves this aim with considerable ease.

Contract Law: Text, Cases and Materials is divided into five parts: formation; terms; setting the contract aside; remedies for breach; and third party rights. This layout has been used successfully for many years. The material is logically arranged so it follows the life of a contract: from formation to its death (or performance). I am a big fan of such an approach because it gives a superb skeleton for the material allowing relevant sections to be quickly found. It also includes a wonderful Online Resource Centre which, at the time of writing, includes a wealth of additional materials (including self-test questions).

Unlike many text, cases and materials textbooks, McKendrick has used all of his skill and judgment to select the right balance throughout the text. Lucidly written, each case or material seamlessly flows into the main text ensuring the reader’s attention is not lost. By using a coloured background on cases and materials, it is also clear where these end and the text begins. Impressively, McKendrick’s Contract Law: Text, Cases and Materials is able to distil even the most complex of issues into a few sentences: this is some achievement!

Contract Law: Text, Cases and Materials unsurprisingly contains an excellent mixture of cases, materials and commentary. McKendrick’s writing style ensures these are seamlessly combined. Contract Law: Text, Cases and Materials provides a comprehensive account of the law and leading cases and materials. It can therefore be used on its own or as a supplement for an introductory contract law text. It is, and continues to be, one of the best, if not the best, text, cases and materials book on contract law.

Reviewed on 19 February 2021

For many students, contract law is a topic which they study in their first semester of their first year. There is a clear reason for this: contract law is a building block for many other legal topics. And it is also a topic that allows students to understand its practical application. Which students have not, for example, bought something in a shop? But contract law is more than an introductory topic: it is one which pervades throughout many other areas of law. Rarely does a day go past for any practitioner when they are not considering contractual principles. For example, practitioners have recently dusted off textbooks to consider whether Brexit is an event of frustration (the Court of Appeal said ‘no’ in the context of a lease in Canary Wharf (BP4) v European Medicines Agency [2019]).

It is therefore important for students to have a solid understanding of contract law principles, and to have an excellent textbook not just for contract law modules but also for other related modules (including commercial law, consumer law, employment law and property law). Being part of Oxford University Press’ Core Text Series, O’Sullivan & Hilliard’s The Law of Contract by Janet O’Sullivan aims to provide an essential guide for undergraduate and GDL students.  To my mind, there are very few which are better than O’Sullivan & Hilliard’s The Law of Contract: it provides one of the clearest and most coherent introductions to this fascinating and important area of law.

O’Sullivan & Hilliard’s The Law of Contract, now in its ninth edition, is split into eighteen chapters: general themes and issues; offer and acceptance I: general principles; offer and acceptance II: two related principles; certainty; consideration and estoppel; privity; terms of the contract I; terms of the contract II: common law and statutory control on unfair terms; misrepresentation and non-disclosure; duress; undue influence; unconscionable bargains; common mistake and rectification; frustration; discharge of a contract for breach; remedies I: compensatory damages; remedies II: specific remedies; and remedies III: other non-compensatory remedies.  There are also two chapters on the Online Resource Centre (“ORC”): incapacity; and illegality and public policy. The ORC also provides a wealth of additional material (including guidance on questions in the book and web links).

Readers old enough to remember the early editions of O’Sullivan & Hilliard’s The Law of Contract will no doubt have fond memories of a well-written and superbly balanced text. These features continue to shine through this latest edition. It continues its reputation of providing a succinct narrative on basic contractual principles while, at the same time, expanding on those issues requiring a fuller consideration.  The material is clearly set-out and well cross-referenced allowing further research.  Each chapter includes a summary and suggestions for further reading: this is ideal for independent research.  This latest edition incorporates some of the latest changes including the UK Supreme Court’s decision in MWB Business Exchange Centres Limited v Rock Advertising Limited [2019] on consideration and oral variation and Wells v Devani [2019] on contract formation, certainty and implied terms.

I wholeheartedly recommend O’Sullivan & Hilliard’s The Law of Contract. There are few, if any, better introductory contract law texts. The material is (and always has been) succinct and accessible.  Key issues are given sufficient analysis without skimming over the key principles (which is often a problem for introductory texts).  If you are a student, you should not be without it.  If you are a practitioner, it should be a text which remains close to hand.  It is one of those texts which I keep close to hand and continue to consult on a regular basis (and will no doubt do so for many years to come).

Reviewed on 30 December 2020

It has been a number of years since I had the pleasure of reviewing Anson’s Law of Contract. But it was, and still is, one of my favourite textbooks on contract law. This new 31st edition, published in May 2020 by Oxford University Press and written by an outstanding author line-up, includes twelve Supreme Court cases, more than fifteen decisions of the Court of Appeal, and a number of significant High Court decisions.

But what is not lost with all of these news cases is its plain and accessible style. It is perhaps one of the best contract law texts for both students and practitioners alike. It confidently explains the law and, where there is uncertainty, the competing points. For example, I recently had to cast my mind back to classic law school principles of when ‘acceptance’ of an offer took place where it was communicated by post. In just a few pages, the answer (and the case-law memories) of law school came flooding back.

Anson’s Law of Contract is split into five parts: formation of contract; contents of the contract; factors tending to defeat contractual liability; performance and discharge; remedies for breach of contract; and limits of the contractual obligation. Each part, in turn, has at least two chapters. And whilst the authors say they have pruned the material, the text is no worse off for it.

For many financial services practitioners, COVID-19 has led to considerable focus on the tension between the House of Lords’ decision in Foakes v Beer (1884) 9 App Cas 605, and the Court of Appeal’s decision in Williams v Roffey Bros & Nicholls (Contractors) Limited [1995] 1 WLR 474. There is a fascinating discussion on this topic, including consideration of the hope (which was later dashed) that it would be resolved by the UK Supreme Court in MWB Business Exchange Centres Limited v Rock Advertising Limited [2018] UKSC 24.

Any student, or indeed any practitioner, looking for an accessible, thorough and stimulating analysis of contract law should look no further than Anson’s Law of Contract. It (once again) has come up with the goods: and will be a vital aide to some of the tricky contractual law issues which lawyers often face.

Reviewed on 5 October 2020.

The importance of understanding the basics of contract law cannot be overstated because it underpins, and intertwines, with many other areas of law.  Because contract law is often one of the first subjects students study at undergraduate level, it is therefore important to pick the right textbook (and there are so many to choose from).  Being part of Oxford University Press’ Core Text Series, The Law of Contract by Janet O’Sullivan and Jonathan Hilliard aims to provide an essential guide for undergraduate and GDL students.  To my mind, there are very few which are better than The Law of Contract: it provides one of the clearest and most coherent introductions to this fascinating and important area of law.

The Law of Contract, now in its seventh edition, is split into nineteen chapters: general themes and issues; offer and acceptance I: general principles; offer and acceptance II: three applications of general principles; certainty; contracts which fail to materialise; consideration and estoppel; privity; terms of the contract I; terms of the contract II: common law and statutory control on unfair terms; misrepresentation and non-disclosure; duress; undue influence; unconscionable bargains; common mistake; frustration; discharge of a contract for breach; remedies I: compensatory damages; remedies II: specific remedies; and remedies III: other non-compensatory remedies.  There are also two chapters on the Online Resource Centre (“ORC”): incapacity; and illegality and public policy.

The Law of Contract has also been both well-balanced and superbly written; and this seventh edition is no exception.  It continues to impressively provides a succinct narrative on basic contractual principles while, at the same time, expanding on those issues requiring a fuller consideration.  The material being clearly set-out and well cross-referenced allowing further research.  Each chapter importantly includes a summary and suggestions for further reading: this is ideal for independent research.  This latest edition also seamlessly incorporates the latest developments in contract law including the Supreme Court’s decision on so called ‘penalty’ clauses in Cavendish Square Holdings BV v El Makdessi [2015] UKSC 57.

There are few, if any, better introductory contract law texts than The Law of Contract.  The material is (and always has been) succinct and accessible.  The authors’ mixture of academic and practical experience means the key issues are given sufficient analysis (which is often a problem for introductory texts).  Its price means it provides excellent value for money.  If you are a student, you should not be without it.  If you are a practitioner, it should be a text which remains close to hand.  If you do not have a copy, you will undoubtedly spend more time researching the law in more detailed texts.  I continue to keep this text close to hand and consult it on a regular basis.

Reviewed on 5 February 2017

The importance of understanding the basics of contract law cannot be overstated because it underpins, and intertwines, with many other areas of law.  Because contract law is often one of the first subjects students study at undergraduate level, it is therefore important to pick the right textbook (and there are so many to choose from).  Being part of Oxford University Press’ Core Text Series, The Law of Contract by Janet O’Sullivan and Jonathan Hilliard aims to provide an essential guide for undergraduate and GDL students.  To my mind, there are very few which are better than The Law of Contract: it provides one of the clearest and most coherent introductions to this fascinating and important area of law.

The Law of Contract, now in its seventh edition, is split into nineteen chapters: general themes and issues; offer and acceptance I: general principles; offer and acceptance II: three applications of general principles; certainty; contracts which fail to materialise; consideration and estoppel; privity; terms of the contract I; terms of the contract II: common law and statutory control on unfair terms; misrepresentation and non-disclosure; duress; undue influence; unconscionable bargains; common mistake; frustration; discharge of a contract for breach; remedies I: compensatory damages; remedies II: specific remedies; and remedies III: other non-compensatory remedies.  There are also two chapters on the Online Resource Centre (“ORC”): incapacity; and illegality and public policy.

The Law of Contract has also been both well-balanced and superbly written; and this seventh edition is no exception.  It continues to impressively provides a succinct narrative on basic contractual principles while, at the same time, expanding on those issues requiring a fuller consideration.  The material being clearly set-out and well cross-referenced allowing further research.  Each chapter importantly includes a summary and suggestions for further reading: this is ideal for independent research.  This latest edition also seamlessly incorporates the latest developments in contract law including the Supreme Court’s decision on so called ‘penalty’ clauses in Cavendish Square Holdings BV v El Makdessi [2015] UKSC 57.

There are few, if any, better introductory contract law texts than The Law of Contract.  The material is (and always has been) succinct and accessible.  The authors’ mixture of academic and practical experience means the key issues are given sufficient analysis (which is often a problem for introductory texts).  Its price means it provides excellent value for money.  If you are a student, you should not be without it.  If you are a practitioner, it should be a text which remains close to hand.  If you do not have a copy, you will undoubtedly spend more time researching the law in more detailed texts.  I continue to keep this text close to hand and consult it on a regular basis.

Reviewed on 5 February 2017