John Eldridge, ‘Contract Codification and “Certainty”’

In March 2012, the Commonwealth Attorney-General’s Department issued a brief but wide-ranging discussion paper which canvassed the possibility of codifying or otherwise reforming the Australian law of contract. This article is concerned with a particular dimension of the debate sparked by that paper: namely the question of whether codification would promote ‘certainty’ in the Australian law of contract. It first seeks to establish an understanding of the likely nature of any successful Australian contract codification project. It then proceeds to set out and apply a framework for understanding the concept of ‘certainty’ in the present context. It is concluded that although there may be cause to think that codification might promote ‘certainty’ to at least some extent, there are good reasons to think that its impact in this respect would likely be less significant than has often been suggested.

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John Eldridge, Contract Codification and ‘Certainty’ (2018) 35 Journal of Contract Law 146.

First posted 2019-01-19 07:42:41

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