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Reforming the Australian Law of Contract - Some Practical Next Steps.

Authors :
Eldridge, John
Source :
Australian Law Journal; Apr2019, Vol. 93 Issue 4, p289-299, 11p
Publication Year :
2019

Abstract

In March 2012, the Commonwealth Attorney-General's Department issued a discussion paper which flagged the possibility of codifying or otherwise reforming the Australian law of contract. Half a decade later, it seems distinctly improbable that the initiative will yield anything of substance. The result is that would-be reformers of the Australian law of contract might well feel frustrated at the uncertainty as to how the cause of reform ought to be prosecuted. The object of this article is to offer up some suggestions in this regard. It seeks to identify some practical steps which might be taken by way of reform of the Australian law of contract. It seeks in particular to identify those reforms which are sufficiently uncontroversial as to attract support on the part of government. The article also grapples with the question of whether the more radical options set out in the 2012 discussion paper - including the prospect of codification - were ever suitable responses to the challenges facing the Australian law of contract. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
00049611
Volume :
93
Issue :
4
Database :
Supplemental Index
Journal :
Australian Law Journal
Publication Type :
Academic Journal
Accession number :
136654712