Codifying Contract Law: International and Consumer Law - download pdf or read online

By Mary Keyes, Therese Wilson

ISBN-10: 1472415612

ISBN-13: 9781472415615

Exploring the benefits and downsides of codifying agreement legislations, this e-book considers the query from the views of either civil and customary legislations structures, referring intimately to problems with overseas and customer law.With contributions from prime overseas students, the chapters current quite a number critiques at the virtues of codification, encouraging extra debate in this subject. The e-book commences with a dialogue at the internationalization central for codification of agreement legislation. It then turns to nearby matters, exploring first codification makes an attempt within the eu Union and Japan, after which concerns appropriate to codification within the universal legislation jurisdictions of Australia, New Zealand and the USA. the gathering concludes with chapters which ponder the necessity to draw upon either deepest and comparative foreign legislation views to notify any codification reforms.This booklet may be of curiosity to overseas and comparative agreement legislation lecturers, in addition to regulators and policy-makers.

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Example text

In Australian Commercial Research and Development Ltd v ANZ McCaughan Merchant Bank Ltd, Browne-Wilkinson VC stated that he had ‘considerable doubts whether the English court if called on to adjudicate on this matter would apply the Australian Trade Practices Act 1974 as part of the applicable law’, which was the law of Queensland: [1989] 3 All ER 65, 72. 69 Many of the leading authorities involve arbitration rather than jurisdiction agreements: for example, Huddart Parker v The Ship ‘Mill Hill’ (1950) 81 CLR 502.

In the following section, I argue that Australian courts are too ready to apply Australian substantive law in international cases. 6. 74 The Trans-Tasman Proceedings Act 2010 (Cth): ss 20(1), (2). These provisions do not apply to contracts involving consumers or employees: s 20(3)(b), (c). 75 Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538. 5 per cent of all Australian superior court decisions on forum non conveniens between 1991 and 2011). 77 Puttick v Tenon Ltd (2008) 238 CLR 265, 277, 280.

91 The former was intended to dominate any choice of law analysis,92 although this is hardly clear from the wording of the provision and does not seem necessarily consistent with the Convention’s support of party autonomy. 94 There is still much confusion as to the application of the CISG in Australia, and the uncertain relationship between its scope of application provisions and forum choice of law is likely to exacerbate this confusion. In a recent case, even though defendant’s assets were located) would have refused to enforce any Australian judgment that did not give effect to the parties’ express choice of English law.

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

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