Ewan McKendrick, BCL, MA, LLB (Edinburgh), QC (Hon) is Professor of English Private Law and a Fellow of Lady Margaret Hall. He is a Bencher of Gray's Inn and a member of chambers at 3 Verulam Buildings, Gray's Inn. He was the Registrar of the University from 2011 to 2018.
Formerly: Professor of English Law, University College London, 1995-2000; Fellow of St Anne's College, Oxford and Linnells Lecturer in Law in the University of Oxford, 1991-1995; Lecturer in Law, London School of Economics and Political Science, 1988-1991; Lecturer in Law, University of Essex,1985-1988; Lecturer in Law, University of Central Lancashire, 1984-1985.
He is a member of the Editorial Advisory Board of the Journal of International Banking and Regulation Law. He is a member of Chambers at 3 Verulam Buildings, Gray's Inn, and a Bencher of Gray's Inn.
- The claim that certainty is an important feature of English contract law is one that is frequently made. This article examines that claim as it applies to commercial contracts and the balance that the courts have attempted to strike between the sometimes competing claims of the need to provide certainty and the desire to ensure a fair and just outcome. It does so in a number of contexts, such as the drafting of some standard terms to be found in modern commercial contracts, the principles applicable to the interpretation contracts and the exercise of certain rights under the contract, including the right to terminate the contract. The central conclusion is that the importance to be attached to certainty varies depending on the context of the particular contract and is at its greatest in the case of a contract drafted in some detail with the benefit of professional legal advice where contracting parties of roughly equal bargaining power have a legitimate expectation that the courts will give effect to their agreement as it has been drafted. However, in other contexts, such as contracts concluded on an informal basis or which are expressed in open and flexible terms, the need for certainty is less obvious and it therefore weighs less heavily in the scalesISBN: 03062945ISBN: 978-0-19-885529-3
Journal Article (19)
Case Note (22)
Edited Book (8)
Commercial Law, Contract Law and Transnational Commercial Law