Abstract:
In early 2012, the then Attorney-General published a discussion paper on codifying Australian contract law. This article examines whether such a course of action is necessary, desirable and possible. It concludes that many of the problems that are identified in the discussion paper can be more easily dealt with in other ways. A degree of scepticism is expressed about the desirability of codification. Some drawbacks are identified. The experience of codification in other jurisdictions suggests that codification will be possible. The process of producing a code will nevertheless be extremely difficult. This article concludes that, if the Australian Government is going to go down the route of a contract code, it should proceed with great caution.
Warren Swain, Contract Codification in Australia: Is It Necessary, Desirable and Possible? Sydney Law Review, Volume 36, Number 1, March 2014.
First posted 2014-03-14 09:40:55
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