Research
Dr Richard Austen-Baker
Senior Lecturer in Law, Barrister
Richard’s research interests lie in the area of common law, particularly the history, theory and doctrines of contract law. He is currently conducting research into implied terms in contracts and relational contract theory.
Contract law
Richard’s book Implied Terms in English Contract Law was published in 2011. The book states the law of England and Wales regarding the implication of terms into contracts. ‘The law on this important subject is stated systematically and in detail, with the benefit of close analysis of the leading cases on implication at common law, by statute, by custom, trade usage, course of dealing and in fact. Coupled with a consideration of the history of implied terms and theoretical considerations, this book will be an invaluable aid to academics, students and practitioners alike’ (Amazon.co.uk book description).
Richard has written a number of chapters in edited books:
'Implied Terms in English Contract Law: Historical and TheoreticalReflections' in L. DiMatteo et al. (Eds), Commercial Contract Law: Transatlantic Perspectives (Cambridge University Press: Cambridge, forthcoming).
'Länderbericht England' in Pfeiffer, T., Hess, B. and Huber, S. Rechtsvergleichende Untersuchung zu Kernfragen des Privaten Bauvertragsrechts (Bundesministerium fuer Ernaehrung, Landwirstschaft und Verbrauchershutz: Berlin, 2008), pp.208-250.
Richard has also had a number of articles published in various journals. The complete list can be found on Richard's research profile.
Importance of research outside academia
Impact on practitioners and professional services:
Richard participated in a conference in Beijing, China, on the 'Globalisation of Laws and its Challenges to Legal Education' in September 2009. He presented a paper titled 'Challenges to Contract Law in a Globalised Age'. This conference was attended by judges and government officials from various sectors, as well representatives from major law firms in Beijing.
Cited in case law:
The article, 'Uncommon confusion: Parallel Jurisprudence in Town and Village Green Applications', The Conveyancer & Property Lawyer [2012] 76, 55-65, which Richard co-authored with Dr Ben Mayfield, was cited and substantially quoted in advice given to Oxford County Council in a town/ village green registration application concerning Blackbird Leys Field.
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