Luke Nottage, ‘Studies in the Contract Laws of Asia’

This review essay assesses the detailed, authoritative and thought-provoking first three of six proposed volumes in the series on ‘Studies in the Contract Laws of Asia’ published by Oxford University Press. Lead-edited by Mindy Chen-Wishart, these excellent volumes span remedies for breach (2016), formation of contract and third-party beneficiaries (2018), and contents of contracts and unfair terms (2020, thus extending to an important area of consumer law). The respective editors argue quite compellingly for significant functional convergence even among Asian legal systems from quite divergent legal traditions. However, such convergence arguably becomes less obvious especially by the third volume. The functional analysis also focuses primarily on what decisions would be rendered by courts in stylised fact scenarios rather than whether and how such outcomes are reflected in contracting practices or law reform processes. Closer examination of these aspects may make future volumes even more valuable for researchers, practitioners and policy-makers.

Nottage, Luke R, Studies in the Contract Laws of Asia (September 5, 2021). Journal of Japanese Law, 2021 (forthcoming).

First posted 2021-09-09 16:00:39

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