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Implied Terms in English Contract Law, Second Edition

Elgar Commercial Law and Practice series

By (author) Richard Austen-Baker
Format: Hardback
Publisher: Edward Elgar Publishing Ltd, Cheltenham, United Kingdom
Published: 31st Mar 2017
Dimensions: w 165mm h 254mm d 21mm
Weight: 530g
ISBN-10: 1785365274
ISBN-13: 9781785365270
Barcode No: 9781785365270
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Synopsis
This book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term. This Second Edition has been fully revised and updated to cover recent developments in the law. Key features include: full analytical treatment of featured cases and evaluation of recent case law in relation to use of implied terms analysis of the major changes to statutory implied terms brought by the Consumer Rights Act 2015 useful synoptic tables showing how these changes map across the different categories within the CRA and between the CRA and pre-existing legislation extended discussion of statutory implied terms in services contracts detailed examination of the decisions of the Privy Council in A-G of Belize v. Belize Telecom and of the UK Supreme Court in BNP Paribas v. Marks & Spencer. This book will be 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.

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What Reviewers Are Saying

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May 23rd 2017, 21:07
HIGHLY USEFUL FOR ALL CONTRACT LAW PRACTITIONERS
Awesome - 10 out of 10
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.
Newspapers & Magazines
'[I]mplied terms are important (on occasion, even vitally important) and (Richard Austin-Baker) has done a signal service to the legal community across the common law world in publishing this book.' --(Acclaim for the first edition from Andrew Phang, Journal of Contract Law)