Let’s Repeal the Field Code

34 Pages Posted: 24 Nov 2011

Date Written: November 22, 2006

Abstract

This article argues for the repeal of the Field Code in Montana, using the Contracts portion of the Code as an exemplar. The article makes five major criticisms of the Code: 1) it is ignored because it does not state the rules correctly, 2) it is ignored because it does not allow the law to develop along reasonable lines, 3) it is followed mechanically, with sections taken out of context, 4) it is tortured to make it say what the user wants it to say, and 5) it contains law frozen in an earlier time. The solution? To liberate our contracts jurisprudence, repeal the Field Code!

Keywords: Montana law, Field Code, Montana Code Annotated, David Dudley Field, contract law, civil codes

Suggested Citation

Burnham, Scott J., Let’s Repeal the Field Code (November 22, 2006). Available at SSRN: https://ssrn.com/abstract=1963441 or http://dx.doi.org/10.2139/ssrn.1963441

Scott J. Burnham (Contact Author)

Gonzaga University School of Law ( email )

721 N. Cincinnati Street
Spokane, WA 99220-3528
United States
509-313-3745 (Phone)
509-313-5840 (Fax)

HOME PAGE: http://www.law.gonzaga.edu/

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