Implied Terms in English Contract Law, Second Edition (Hardcover, 2nd edition)

Reviews

"HIGHLY USEFUL FOR ALL CONTRACT LAW PRACTITIONERS" by Phillip T. - 23 May 2017

HIGHLY USEFUL FOR ALL CONTRACT LAW PRACTITIONERS AND THOSE LOOKING FOR A FIRST CLASS HONOURS DEGREE IN LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This book can be rightly considered one of the leading authoritative accounts of contract law in England & Wales in relation to implied terms to go with the fundamental statement of the law contained in “Chitty on Contracts”. Implied terms arise frequently as issues of great importance during litigation itself. As the writer says in his original Preface, “a thorough knowledge by the practitioner of what terms are and are not likely to be implied will permit him or her to advise a client what is likely to happen if anything goes wrong in the absence of an express clause providing for that event”. That, in essence, is the beauty of the book. It will also be of great assistance to businesses when planning and devising “effective contracts” by giving them the ability “to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply”. We think this is another important reason to be aware of the book if your practice requires a detailed understanding of how implied terms actually work in the law of contract. As the author comments, there are “distinct commercial advantages to this approach and Austen-Baker’s title includes what he calls “savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term”. He goes on to say that implication of terms is “one of the most important weapons in ther armoury of lawyerly and judicial technique” which gives this book such value to the legal world. Richard Austen-Baker’s 2nd Edition for 2017 has been wholly revised and updated to cover recent developments in the law. He covers the following areas in some detail: a full analytical treatment of featured cases and an evaluation of recent case law authorities concerning use of implied terms; an analysis of major revisions to statutory implied terms brought by the Consumer Rights Act 2015; a useful synoptic tables illustrating how these changes map across the different categories within the CRA and between the CRA and pre-existing legislation; a full discussion of statutory implied terms in services contracts of use to business; and a detailed examination of the recent decisions of the Judicial Committee of the Privy Council in A-G of Belize -v- Belize Telecom and of the leading authority established by the Supreme Court in BNP Paribas -v- Marks & Spencer. We feel that “Implied Terms in English Contract Law” is an invaluable resource for all legal practitioners, both in practice and in-house, involved in contract drafting and contract negotiations. It also acts as a helpful reference for scholars and students in the field of contract law. The law has been stated as at 2017 and it is available as a book, online and as an ebook.