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My aim in writing the eleventh edition of this book has not changed from the stated
aim of previous editions: namely, to provide a clear and straightforward account of the
basic rules of English contract law. I have also sought to introduce the reader to some
of the debates about the nature, the scope and the functions of the law of contract and
to discuss some of the wider controversies which surround certain basic doctrines of
English contract law, such as consideration. In discussing these issues I have attempted
to build a bridge between this introductory work and some of the more advanced and
detailed writings on the law of contract by making frequent reference throughout the
book to both the periodical literature and the standard textbooks on the law of contract
(full citations are contained in the Bibliography located at the end of the book). My
hope is that these references will encourage the reader to pursue the issues raised in
this book in greater detail in the writings to which I have made reference.
The text has been fully revised and updated to take account of the numerous developments
in the law which have taken place since the publication of the previous
edition. The principal change which has occurred since the last edition is the revocation
of the Unfair Terms in Consumer Contracts Regulations 1999 and their replacement by
Part 2 of the Consumer Rights Act 2015. This has necessitated the introduction of a new
Chapter 18 in order to deal with the new law. It has also had a significant impact on
Chapter 11 given that the Unfair Contract Terms Act 1977 no longer applies to contracts
between a business and a consumer. Other topics where there has been a significant
element of re-writing include the discussion of good faith (at Section 12.10) and the
principles applied by the courts when seeking to interpret commercial contracts (see
Section 9.6).
Finally, I must acknowledge the debts which I have incurred in writing this edition.
I am grateful to my daughter Rachel for her assistance with the proofs. I must also
acknowledge the assistance which I have derived from colleagues and students who
have helped to clarify my thoughts and offered a number of constructive criticisms
and suggestions. But my greatest debt continues to be to my wife, Rose, and our children,
Jenny, Sarah, Rachel and Katie, who are now joined by AJ, Richard and Sam, and
grandchildren Emma and Alfie. I am grateful to them for their encouragement and
support.
The book is dedicated to the memory of my grandparents.
I have endeavoured to state the law on the basis of the materials available to me on
31 March 2015.
Ewan McKendrick
University Offices,
Oxford,
31 March 2015
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