Date & time
Venue
Building 7, Law School, Room 7.4.1, Phillipa Weeks Library
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Event description
The language and concepts of relational contracting are now, in a number of jurisdictions, reflected in the case law. Early reactions to this development tended to assume that the consequences would be transformative where contractual doctrine was concerned. I would suggest that the impact of relational contract scholarship has in fact been very modest and this seminar will explore the reasons for that. It is striking that the lack of impact can even be seen in relationships such as employment where the nature of the contract might have been thought to lend itself particularly well to a relational perspective. Where commercial contracts are concerned the courts tend to be protective of the autonomy of the parties and do not regard relational contracting as a catalyst to judicial innovation. The seminar will also explore whether there are any prospects of initial hopes and expectations being rekindled.
Speakers
Douglas Brodie
Professor Douglas Brodie is Professor of Employment Law at the University of Strathclyde in the UK. He is an authority on Labour Law and Delict (Tort). His main research interests are in the area of the employment contract and in the area of Tort, the analysis of negligence. Much of his writing in recent years concerns the law of implied terms and the impact of relational contract theory on the law of the employment contract. He has a strong interest in comparative law and has a particular interest in developments in Australia, Canada and New Zealand.
He has published widely and amongst his publications are: A History of BritishLabour Law (2003), The Employment Contract (2005), The Contract of Employment (2008), Enterprise Liability and the Common Law (2010), (with G. Anderson and J. Riley) The Common Law Employment Relationship (2017) and The Future of theEmployment Contract (2021). His latest book Employment Law for a Brave New World (with G. Anderson and J. Riley) was published in May 2025.