13 Express Contractual Provisions

13.01 Though we have now spent twelve chapters discussing aspects of the common law of contract in so far as it relates to delay, it must now be admitted that that law is not so important in this context as one might expect. There are three reasons for this. The first is that there are large areas where the common law no longer applies at all, most notably in relation to consumer contracts, where it has largely been superseded by the Consumer Rights Act 2015. The second is the increasing recognition that for many businessmen the law of contract only has a very...