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.
- ISBN: 978-0-19-885529-3Professor Sir Guenter Treitel has been one of the most influential scholars in the recent history of English contract law. This article revisits his inaugural lecture at the University of Oxford in which he discerned a movement from doctrine to discretion in the English law of contract. It concludes, by reference to issues considered by Professor Treitel in his lecture and to subsequent developments in the law of contract, that the courts continue to grapple with the difficulty of striking an appropriate balance between doctrine and discretion, although Professor Treitel’s fear that English contract law is moving from doctrine to discretion has been largely unrealized. English contract law continues to place a strong emphasis on the importance of certainty in contract law, particularly commercial contract law, but, at the same time, the courts recognize that the law has to contain an element of flexibility if it is to adapt to the changing needs of society and of contracting parties.
Case Note (22)
Journal Article (18)
Edited Book (8)
Commercial Law, Contract Law and Transnational Commercial Law