Ewan McKendrick, BCL, MA, LLB (Edinburgh), Barrister of Gray's Inn is Registrar of the University of Oxford, Professor of English Private Law, Fellow of Lady Margaret Hall.
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.
E McKendrick, 'The Common Law at Work: The Saga of Alfred McAlpine Construction Ltd v Panatown Ltd' (2003) 3 Hart: Oxford University Commonwealth Law Journal 145 [...]
An analysis of the decision of the House of Lords in Alfred McAlpine Construction Ltd v Panatown Ltd from 3 principal perspectives, namely procedural, transactional and that of legal principle
ISBN: 1472 9342
E McKendrick, 'The Common Law at Work: The Saga of Alfred McAlpine Construction Ltd v Panatown Ltd' (2003) 3(2) Oxford University Commonwealth Law Journal 145
E McKendrick and James Edelman, 'Employee's Liability for Statements' (2002) 118 Law Quarterly Review '4 [...]
An analysis of cases concerned with the liability of an employee for statements made either negligently or fraudulently - principal cases discussed are Standard Chartered Bank v Pakistan National Shipping Corporation (No 2) (CA decision) and Merrett v Babb
E McKendrick and Martin Graham, 'The Sky's The Limit: Contractual Damages for Non-Pecuniary Loss' (2002) Lloyds' Maritime and Commercial Law Quarterly 161 [...]
An analysis of the decision of the House of Lords in Farley v Skinner in which an award of damages for non-pecuniary loss suffered as a result of a breach of contract was upheld.
ISBN: 0306 2945
E McKendrick, 'Traditional Concepts and Contemporary Values' (2002) 10 European Review of Private Law 95 [...]
Articles takes two case-studies (one involving the right to terminate further performance of the contract and the other concerning home-school partnership agreements) and examines the move towards the creation of a uniform contract law and the values which may underpin this move.
E McKendrick, Contract Law: Text, Cases and Materials (6th Edn, Oxford University Press 2014) [...]
A textbook which seeks to analyse the law of contract in a transactional and a transnational context. Book consists of approximately 1/3 text and 2/3 cases and materials. Covers all aspects of the undergraduate syllabus.
E McKendrick, Contract Law (Palgrave Macmillan 2013) [...]
This is the fifth edition of my textbook on the law of contract which is now widely used in English universities and in other common law jurisdictions. Explores the underlying themes and explains the basic rules of English contract law. Also introduces the reader to the current debates about the nature, scope and functions of the law of contract and discusses the wider controversies which surround some of the central doctrines of contract law.
E McKendrick, Sir Roy Goode and Herbert Kronke, Transnational Commercial Law: Text, Cases and Materials (OUP 2007)
E McKendrick, The Creation of a European Law of Contracts (Kluwer-Deventer 2004)
E McKendrick and others, Transnational Commercial Law: International Instruments and Commentary (Oxford University Press 2004) [...]
A collection of instruments applicable to transnational commercial law with interlinking commentary. Instruments contained in the book include international and regional conventions, model laws, EC Directives and regulations, uniform rules produced by bodies such as the ICC and international and European restatements of contract law
ISBN: 0 19 925167-3
E McKendrick, 'Commerce' in W Swadling (ed), The Quistclose Trust: Critical Essays (Hart 2004) [...]
An essay examining the decision of the House of Lords in Quistclose from the perspective of a commercial lawyer
ISBN: 1 84113 412 0
E McKendrick, 'Judicial Control of Contractual Discretion' in Jean-Bernard Auby and Mark Freeland (eds), La distinction du droit public et du droit privé (L G D J Diffuseur 2004) [...]
An analysis of the extent to which judges can and do place limits on the exercise of a contractual discretion. Considers the extent to which public law principles can be applied to contracts concluded between private parties
ISBN: 2 913397 28 X
E McKendrick, 'Breach of Contract, Restitution for Wrongs and Punishment' in Commercial Remedies: Current Issues and Problems (OUP 2003) [...]
An examination of the decision of the House of Lords in Attorney- General v Blake in which the House of Lords decided that an account of profits could be awarded in certain circumstances in respect of a breach of contract. Also explores, albeit more briefly, the question of whether or not punitive damages should be available as a remedy for a breach of contract.
E McKendrick, 'The Interpretation of Contracts: Lord Hoffmann's Re-Statement' in S Worthington (ed), Commercial Law and Commercial Practice (Hart Publishing 2003) [...]
an examination of the principles applied by the courts when interpreting contractual documents
E McKendrick, 'Taxonomy: Does it Matter' in D Johnston and R Zimmermann (eds), Unjustified Enrichment: Key Issues in Comparative Perspective (CUP 2002) [...]
The aim of this essay is to consider whether or not the taxonomy of the law of unjust enrichment (or restitution) is an issue of importance for English law. It concludes that taxonomy is a vital part of the quest to eliminate anomalies and inconsistencies in the law but that jurists still have a long way to go in terms of producing a taxonomy that enjoys a substantial measure of agreement.
E McKendrick, 'Negligence and Human Rights: Re-Considering Osman' in D Friedmann and D Barak-Erez (eds), Human Rights in Private Law (Hart Publishing 2001) [...]
An analysis of the case of Osman v Ferguson (Osman v UK) which considers, in particular, the impact which the enactment of the Human Rights Act 1998 may have on the tort of negligence.
Research: Commercial Law, Contract Law and Transnational Commercial Law
Wellington Square Oxford OX1 2JD