Abstract
The theory of ‘relational contract’ seems to have had little impact on the law of England and Wales. It has been widely discussed by academics but a common reaction seems to be: very interesting, but what do we do with the theory? (Feinman, 2001, p. 63) We can observe relational contracting taking place, and we can find examples of contracts that are designed to take into account the ongoing relationship between the parties. But it is hard to see that the theory has had any impact on general contract law as such. This chapter is in part an attempt to explain why Ian Macneil’s theory seems to have fallen on stony ground. However, I will also argue that our general law of contract, as expounded by the House of Lords under the influence of Lord Hoffmann and now by the Supreme Court, now has significant relational elements, at least in terms of a greater sensitivity to the context in which the agreement was made.
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© 2013 Hugh Beale
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Beale, H. (2013). Relational Values in English Contract Law. In: Campbell, D., Mulcahy, L., Wheeler, S. (eds) Changing Concepts of Contract. Palgrave Macmillan Socio-Legal Studies. Palgrave, London. https://doi.org/10.1007/978-1-137-26927-0_6
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