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Codifying Contracts--An Idea Whose Time has Come?

A. Tettenborn, Andrew Tettenborn Orcid Logo

Current Legal Problems, Volume: 67, Issue: 1, Pages: 273 - 295

Swansea University Author: Andrew Tettenborn Orcid Logo

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DOI (Published version): 10.1093/clp/cuu014

Abstract

Arguments for codifying English law are long-standing. In the present article, it is suggested that the time has come to produce a code for one area of law that is pre-eminently case-law based, namely contract law. This is for a number of reasons. Notably, the law in its present uncodified state is...

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Published in: Current Legal Problems
ISSN: 0070-1998 2044-8422
Published: 2014
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URI: https://cronfa.swan.ac.uk/Record/cronfa29811
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spelling 2018-10-19T11:52:48.1390445 v2 29811 2016-09-07 Codifying Contracts--An Idea Whose Time has Come? 32453c4882e72f12ae003e34742302d2 0000-0002-8025-5630 Andrew Tettenborn Andrew Tettenborn true false 2016-09-07 HRCL Arguments for codifying English law are long-standing. In the present article, it is suggested that the time has come to produce a code for one area of law that is pre-eminently case-law based, namely contract law. This is for a number of reasons. Notably, the law in its present uncodified state is increasingly uncertain, indeterminate, anomalous, and incomprehensible to anyone other than a common lawyer. It is also argued that the justifications for codification need to be carefully identified. In particular, codification is not needed in order to change the substantive basis of the law, still less to hasten any process of European legal unification. On the contrary: the view expressed here is that overall the substantive English law of contract remains well-suited to governing the relations of businesspeople and others. The justification for a contract code rests on the need to preserve English contract law’s workability and ability to resist calls for its wholesale replacement by provisions in a pan-European code, and in addition on the need to cement its position as the law of choice for international business transactions. Journal Article Current Legal Problems 67 1 273 295 0070-1998 2044-8422 contract,codification,law 24 8 2014 2014-08-24 10.1093/clp/cuu014 COLLEGE NANME Hillary Rodham Clinton Law School COLLEGE CODE HRCL Swansea University 2018-10-19T11:52:48.1390445 2016-09-07T19:05:25.1312959 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law A. Tettenborn 1 Andrew Tettenborn 0000-0002-8025-5630 2
title Codifying Contracts--An Idea Whose Time has Come?
spellingShingle Codifying Contracts--An Idea Whose Time has Come?
Andrew Tettenborn
title_short Codifying Contracts--An Idea Whose Time has Come?
title_full Codifying Contracts--An Idea Whose Time has Come?
title_fullStr Codifying Contracts--An Idea Whose Time has Come?
title_full_unstemmed Codifying Contracts--An Idea Whose Time has Come?
title_sort Codifying Contracts--An Idea Whose Time has Come?
author_id_str_mv 32453c4882e72f12ae003e34742302d2
author_id_fullname_str_mv 32453c4882e72f12ae003e34742302d2_***_Andrew Tettenborn
author Andrew Tettenborn
author2 A. Tettenborn
Andrew Tettenborn
format Journal article
container_title Current Legal Problems
container_volume 67
container_issue 1
container_start_page 273
publishDate 2014
institution Swansea University
issn 0070-1998
2044-8422
doi_str_mv 10.1093/clp/cuu014
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
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description Arguments for codifying English law are long-standing. In the present article, it is suggested that the time has come to produce a code for one area of law that is pre-eminently case-law based, namely contract law. This is for a number of reasons. Notably, the law in its present uncodified state is increasingly uncertain, indeterminate, anomalous, and incomprehensible to anyone other than a common lawyer. It is also argued that the justifications for codification need to be carefully identified. In particular, codification is not needed in order to change the substantive basis of the law, still less to hasten any process of European legal unification. On the contrary: the view expressed here is that overall the substantive English law of contract remains well-suited to governing the relations of businesspeople and others. The justification for a contract code rests on the need to preserve English contract law’s workability and ability to resist calls for its wholesale replacement by provisions in a pan-European code, and in addition on the need to cement its position as the law of choice for international business transactions.
published_date 2014-08-24T13:01:38Z
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