Mary Keyes, Therese Wilson's Codifying Contract Law: International and Consumer Law PDF

By Mary Keyes, Therese Wilson

ISBN-10: 1472415612

ISBN-13: 9781472415615

Exploring the benefits and drawbacks of codifying agreement legislations, this e-book considers the query from the views of either civil and customary legislation platforms, referring intimately to problems with foreign and client law.With contributions from best foreign students, the chapters current a variety of critiques at the virtues of codification, encouraging additional debate in this subject. The publication commences with a dialogue at the internationalization principal for codification of agreement legislation. It then turns to local matters, exploring first codification makes an attempt within the ecu Union and Japan, after which concerns proper to codification within the universal legislation jurisdictions of Australia, New Zealand and the us. the gathering concludes with chapters which examine the necessity to draw upon either inner most and comparative overseas legislations views to notify any codification reforms.This ebook may be of curiosity to overseas and comparative agreement legislation lecturers, in addition to regulators and policy-makers.

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As for contract law, the law is an uncoordinated amalgam of common law rules modified by statutory provisions, some of which give effect to international conventions. In the following sections, I briefly outline the principles of jurisdiction and choice of law relevant to international contract litigation. Accumulation of actions is permitted in Australian litigation and it is common for claimants to claim not only in contract but also in related areas, particularly tort 47 The Australian law has not been static, but the major changes to private international law in the last 25 years relevant to contract are only relevant to intra-Australian litigation and to litigation between Australia and New Zealand.

7. For further discussion, see Therese Wilson, ‘The Challenges of Unconscionability and Good Faith in Contract Law Codification’, in this collection. 2). 6(2). 3. 36 Codifying Contract Law but this should only be done rarely, particularly in law applicable to commercial transactions. Valid protective interests generally relevant to particular kinds of contracts should be more explicitly indicated in the choice of law rules. 133 Finally, it would be wise to reflect on what may be learned from the success of international commercial arbitration in terms of improvements to international litigation in the Australian courts, as well as in the reform of contract and private international law.

Misleading conduct was analogized to misrepresentation in this context, in that a statement that was made by a person outside Australia to a person in Australia, where the statement was intended to be, and was, acted upon, was taken to have occurred in Australia: Sydbank Soenderjylland A/S v Bannerton Holdings Pty Ltd (1996) 68 FCR 539, applying Diamond v Bank of London and Montreal Ltd [1979] 1 QB 333. The application of other parts of the Trade Practices Act was not clear. In Borch v Answer Products, Holmes J stated in obiter that ‘both from first principles and by inference from the absence of an equivalent provision [to s 5(1)], s 75AD was incapable of having effect outside the jurisdiction’: [2000] QSC 379, para 22.

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Codifying Contract Law: International and Consumer Law Perspectives by Mary Keyes, Therese Wilson


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