Alexander Waghorn, review of Form and Substance in the Law of Obligations (Robertson and Goudkamp eds)

Form and Substance in the Law of Obligations. Edited by Andrew Robertson and James Goudkamp. [Oxford: Hart Publishing 2019. xlv + 457 pp Hardback £95.00. ISBN 978-1-50992-945-0.] This collection of 17 essays, written by a group of eminent academics, is the product of the 9th Obligations conference, which brought together a vast number of private law enthusiasts in 2018 to debate the theme of ‘form and substance’. Each essay selected for the volume is of high quality on its own terms, and all are written with the clarity and insight that we have come to expect, following on from the conference’s previous collections. One might question how useful the collection’s theme is as a tool for analysing the contributions to it. In a concluding piece offered in part as an overview, Kit Barker usefully lists 13 different interpretations of the theme (pp 434–35), while, on the first page of the opening substantive contribution, Andrew Burrows suggests that it is ‘probably a distinction that is best avoided’ because it can be understood in so many unrelated ways … (more)

Alexander Waghorn, Cambridge Law Journal, Volume 80, Issue 1, March 2021, pp 187-191, DOI:

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