The partial codification of contract law: Lessons from New Zealand

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Book Chapter

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Bigwood, R. (2014). The partial codification of contract law. In M. Keyes & T. Wilson (Eds.), Codifying Contract Law: International and Consumer Law Perspectives (pp. 165-204). Surrey, England: Ashgate Publishing Limited.

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© Copyright, Mary Keyes and Therese Wilson, 2014

2014 HERDC submission




Extraxt: One of the primary impulses for this collection of chapters is the Commonwealth Attorney-General's recent Discussion Paper to explore the scope for reforming Australian contract law. The production of a national, mandatory, potentially highly prescriptive, contract-law code is one option on the table for consideration. Such a code might restate and clarify existing law, as well as effectuate significant changes - perceived improvements - to the law as currently understood. The professed aim of the Discussion Paper, however, is merely 'to stimulate discussion among businesses, legal practitioners, academics and other stakeholders about whether Australian law is fit for its purpose and prepared for the challenges of the future'. Nothing concrete is certain, or perhaps even likely, to eventuate from the anticipated discussions on the subject. But it might, if not in the short-to-medium term, then at some distant point in the future.

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