Free

Contract: Outside In?

Event Information

Share this event

Date and Time

Location

Location

Quadrant Chambers Library

10 Fleet Street

London

EC4Y 1AU

United Kingdom

View Map

Event description

Description

Hosted by the Private & Commercial Law Research Group, University of Southampton with the kind support of Quadrant Chambers.

Considerable energy has been spent in recent years in judicial and academic circles identifying the proper limits on the use of evidence and information from outside the contract. Litigation testing the boundaries of interpretation and the implication of terms can be found across contract and property disputes. Recent judicial statements suggest that we are returning to a less permeable shell surrounding contracts, in the spirit of Lord Hobhouse’s approach to parole evidence in Shogun Finance v Hudson [2004] 1 AC 919, [49]:

‘The rule that other evidence may not be adduced to contradict the provisions of a contract contained in a written document is fundamental to the mercantile law of this country, the bargain is the document; the certainty of the contract depends on it… This rule is one of the great strengths of English commercial law and is one of the main reasons for [its] international success’.

This event promises detailed analysis of the external forces operating on contract presented by leading academics and using examples drawn from the realms of contract, torts and property to question the optimal use of outside norms in the creation, enforcement and regulation of contracts.

Confirmed Speakers:

Professor James Davey - (discussing the work of Daniel Schwarcz, Professor of Law, University of Minnesota, https://www.law.umn.edu/profiles/daniel-schwarcz)

Professor of Law, University of Southampton

James will discuss Dan's classic paper on ‘A Products Liability Theory for the Judicial Regulation of Insurance Policies’ (2007) 48 William & Mary Law Review 1389. This presents a vision of contract as products, subject to the same requirements of careful and efficient design as tangible goods.

David Campbell

Professor of Law, Lancaster University http://www.lancaster.ac.uk/law/people/david-campbell

Dave will discuss his recent paper ‘Adam Smith and the Social Foundation of Agreement: Walford v Miles as a Relational Contract’ (2017) 21 Edin LR 376, and consider the role of good faith within English contract law.

Sarah Nield

Professor of Property Law, University of Southampton,

https://www.southampton.ac.uk/law/about/staff/sn.page

Sarah will present on issues drawn from her forthcoming Modern Law Review paper on ‘The dynamics of enduring property relations in land’ (co-authored with Professors Blandy & Bright). In this, the relationship between contract, property and regulation is examined in the context of mortgages.

Share with friends

Date and Time

Location

Quadrant Chambers Library

10 Fleet Street

London

EC4Y 1AU

United Kingdom

View Map

Save This Event

Event Saved