Lord Patrick Stewart Hodge
85 Geo. Wash. L. Rev. 1587
The author, a Justice of the U.K. Supreme Court, analyzes the development of contract law by the Court over the last three years to assess whether there have been significant shifts in the judicial approach to contractual doctrine. He speaks of the swing of the judicial pendulum as a metaphor for changing judicial attitudes over time and for the working of the common law. He identifies continuity as dominant in relation to contractual interpretation, a degree of retrenchment in the presentation of the requirements for the implication of contractual terms and in the boundary between interpretation and rectification, and significant departures from caselaw in the fields of penalty clauses and the doctrine of illegality.
