Changing Concepts of Contract Essays in Honour of Ian Macneil*
Is a prestigious collection of essays that re-examines the remarkable contributions of Ian Macneil to the study of contract law and contracting behaviour.
Ian Macneil, who taught at Cornell University, the University of Virginia and, latterly, at Northwestern University, was the principal architect of relational contract theory, an approach that sought to direct attention to the context in which contracts are made.
This collection, nine leading UK contract law scholars re-consider Macneil’s work and examine his theories in light of new social and technological circumstances. In doing so, they reveal relational contract theory to be a pertinent and insightful framework for the study and practice of the subject, one that presents a powerful challenge to the limits of orthodox contract law scholarship.
In tandem with his academic life, Ian Macneil was also the 46th Chief of the Clan Macneil. Included in this volume is a Preface by his son Rory Macneil, the 47th Chief, who reflects on the influences on his father’s thinking of those experiences outside academia.
Index
Acknowledgments vii
Foreword by Stewart Macaulay
Notes on Contributors
Preface by Rory Macneil of Barra
1 Introduction
2 ‘Post-Technique’: The New Social Contract Today
3 What Might Macneil Have Said about Using eBay?
4 The Contract of Employment in 3D
5 Neglected Insights into Agreed Remedies
6 Relational Values in English Contract Law
7 Arcos v Ronaasen as a Relational Contract
8 In Defence of Baird Textiles: A Sceptical View of Relational
Contract Law
9 Telling Tales about Relational Contracts: How Do Judges
Learn about the Lived World of Contracts?
10 Relational Contract and Social Learning in Hybrid
Organization