Journal article 1451 views
Codifying Contracts--An Idea Whose Time has Come?
Current Legal Problems, Volume: 67, Issue: 1, Pages: 273 - 295
Swansea University Author:
Andrew Tettenborn
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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...
Published in: | Current Legal Problems |
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ISSN: | 0070-1998 2044-8422 |
Published: |
2014
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URI: | https://cronfa.swan.ac.uk/Record/cronfa29811 |
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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 LAWD 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 Law COLLEGE CODE LAWD 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? |
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32453c4882e72f12ae003e34742302d2 |
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32453c4882e72f12ae003e34742302d2_***_Andrew Tettenborn |
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Andrew Tettenborn |
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A. Tettenborn Andrew Tettenborn |
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Current Legal Problems |
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67 |
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2014 |
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Swansea University |
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0070-1998 2044-8422 |
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10.1093/clp/cuu014 |
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Faculty of Humanities and Social Sciences |
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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 |
2014-08-24T03:36:19Z |
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1763751576779882496 |
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11.021648 |