The contribution from contract and commerce

Abstract

Chapter Nine recognises that changes in the law of contract are often brought about by cross-fertilisation; judicial reform where one type of contract is concerned may be replicated in another branch of contract law. Given the aims of this study it will be of particular interest to look at contracts other than employment where doctrinal change has come about through the influence of relational contract scholarship or by reason of considerations of good faith. For instance, there is an extensive body of case law in common law jurisdictions and academic literature which suggest that the franchise relationship has developed in a manner consistent with relational contract theory. It is then a question of trying to determine what light such developments shed on the future of the employment contract. The chapter focusses in particular on commercial contracts in the UK and the ways in which the law has developed in that area. The view is taken that this line of case law is not likely to have a significant impact as the judicial assessment of the exigencies of commercial parties is very different.