my promise. Other examples of reliance liability can be found where there is an attempt to vary the terms of a long term contractual arrangement. One of the problems which may arise in this context is that one of the parties promises to vary the existing terms of the contract, for example, by agreeing to pay more than that which was originally contracted. However, applying classical rules, the other party must give consideration for that promise. Unfortunately, what may be given in return for the promise is little more than continued performance of the existing terms of the contract which, in classical terminology, does not involve a true exchange. However, through the application of rules on promissory estoppel, if the promisee relies upon the promise of the other party, that promise may become enforceable to the extent that is necessary in order to achieve a fair result. IDEOLOGIES OF CONTRACT LAW : Some of the extracted materials in later chapters reveal differences in approach between members of the judiciary. One of the possible reasons for these conflicts is that judges may approach a given set of facts from differing ideological positions. In the extract which follows, the authors identify four different ideologies, which to a greater or lesser extent may colour the way in

doi:10.4324/9781843141518-14

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my promise. Other examples of reliance liability can be found where there is an attempt to vary the terms of a long term contractual arrangement. One of the problems which may arise in this context is that one of the parties promises to vary the existing terms of the contract, for example, by agreeing to pay more than that which was originally contracted. However, applying classical rules, the other party must give consideration for that promise. Unfortunately, what may be given in return for the promise is little more than continued performance of the existing terms of the contract which, in classical terminology, does not involve a true exchange. However, through the application of rules on promissory estoppel, if the promisee relies upon the promise of the other party, that promise may become enforceable to the extent that is necessary in order to achieve a fair result. IDEOLOGIES OF CONTRACT LAW

ABSTRACT

First, and foremost, the rule-book governs. Lawton LJ’s observations on the problem of the ‘battle of the forms’ (in Butler Machine Tool) reflect this attitude:

‘The problem is how should that battle be conducted? The view taken by the judge was that the battle should extend over a wide area and the court should do its best to look into the minds of the parties and make certain assumptions. In my judgment, the battle has to be conducted in accordance with set rules ... The rules relating to a battle of this kind have been known for the past 130-odd years.’