Historical approaches to contract law

Victoria Barnes and Sally Wheeler

Chapter 5 in Research Methods for Contract Law and Scholarship, 2025, pp 116-135 from Edward Elgar Publishing

Abstract: This chapter examines the way history has augmented and could augment the study of contract law. We focus on two approaches. One is a largely internal perspective that examines the development of contract law to explain or shed light on a doctrine, rule or legal issue in the present. Scholars might look to a key piece of legislation, such as the Sales of Goods Act 1893 for implied terms, or landmark cases, like Carlill v Carbolic Smoke Ball Company on offer and acceptance, which developed the law in some way, either by creating new law or prompting law reform. The second approach is an external perspective that looks at how enterprises, traders and other commercial actors interpreted or otherwise used the law or needed the law to operate. This approach draws on materials outside of conventional legal ones and looks at developments in economic, cultural and social history. This chapter does not suggest that one approach is the ‘right’ approach; rather, it advocates for methodological plurality. This chapter adds further thoughts on historical sources: where they might be found, where they are available, and how they might be used to facilitate these enquiries.

Keywords: History; Mercantile; Legal change; Context; Law reporting; Sources (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316465
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