Simon Whittaker
Professor of European Comparative Law
On sabbatical leave this term.
Simon Whittaker has been a fellow and tutor in law at St. John's College since 1987, previously being a lecturer in laws at King's College's London. He took his degrees at Oxford (BA,1979; BCL, 1980; MA, 1982; D.Phil., 1987; DCL, 2008) and was called to the Bar at Lincoln's Inn in 1987. He has been a visiting lecturer at the University of Regensburg and a visiting professor at the University of Paris I and University of Paris II. He is a member of the American Law Institute.
Publications
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Simon Whittaker, 'Contracts for Services in English Law and in the DCFR' in R. Zimmermann (ed), Service Contracts (Mohr Siebeck 2010) [...]
This article explains and assess the category of 'contracts for services' in English law and its relationship to other contracts. It then compares this to the approach taken by the Draft Common Frame of Reference
Simon Whittaker (ed), Introduction to fault in product liability (Cambridge University Press 2010) [...]
This forms the introduction and general overview of the work which I also edited on the historical development of product liability in 6 European laws. It forms part of a wider AHRD project on Legal Development (the first stage of which focussed on the development of liability for fault) run by John Bell and David Ibbetson of Cambridge.
ISBN: ISBN 978-0-521-49429
Simon Whittaker, 'The Proposed \'Common European Sales Law\': Legal Framework and the Agreement of the Parties' (2012) 75 Modern Law Review 578 [...]
The European Commission’s Proposal for a Regulation on a Common European Sales Law (‘CESL’) seeks to create a European scheme of contract law available for parties to choose to govern cross-border contracts for the sale of goods, supply of ‘digital content,’ and for the supply of related services.This article explains the background to the Proposal, sketches out the purposes and scope of the CESL, and considers and criticises its legal framework (and in particular its relationship with private international law) and the key requirement of the parties’ agreement. In the author’s view, the CESL scheme remains an unconvincing basis for the achievement of its economic purposes and, as regards consumer contracts, puts too much reliance on the agreement of the consumer as a justification for the loss of their existing protection under EU private international law rules.
Simon Whittaker, 'Unfair Terms and Consumer Guarantees: the Proposal for a Directive on Consumer Rights and the Significance of “Full Harmonisation' (2009) European Review of Contract Law 2
Simon Whittaker, 'Who determines what civil courts decide? Private Rights, Public policy and EU law' in D.Leczykiewicz and S. Weatherill (eds), The Involvement of EU Law in Private Relationships (Richard Hart 2013)
Simon Whittaker, '\'Termination\' for Contractual Non-performance and its Consequences: French Law Reviewed in the Light of the Avant-projet de reforme' in J. Cartwrigh, S. Vogenauer, S. Whittaker (eds), Reforming the French Law of Obligations (Richard Hart 2009)
Interests
Teaching: Comparative Private Law; Comparative Public Law; Contract; Restitution; Roman Law; Tort
Research: Comparative Law, Contract and Tort, European Union Law.
