Law Wars: Australian Contract Law Reform vs CISG vs CESL

22 Pages Posted: 8 Aug 2013 Last revised: 20 Aug 2013

Lisa Spagnolo

Monash University - Faculty of Law

Date Written: March 7, 2013

Abstract

This paper presents the current Australian as to whether or not to review its domestic contract law. It considers the background to the current discussion paper, and outlines the legal cultural landscape that awaits any proposed changes.

The paper then looks to the potential models for such a reform, should Australia decide to engage in a modernization and/or internationalisation program. In this light, it considers the framework of the CISG, UNIDROIT Principles of International Commercial Law, draft Common European Sales Law, and then discusses the potential impact of the Swiss Proposal on future work on harmonized international contract law.

Keywords: contract law, law reform, CISG, Vienna Sales Convention, Vienna Convention, Australia, CESL, Common European Sales Law, UNIDROIT Principles, Swiss Proposal

JEL Classification: K12

Suggested Citation

Spagnolo, Lisa, Law Wars: Australian Contract Law Reform vs CISG vs CESL (March 7, 2013). (2013) 58(4) Villanova Law Review, 623-643; Monash University Faculty of Law Legal Studies Research Paper No. 2013/10. Available at SSRN: https://ssrn.com/abstract=2307346

Lisa Spagnolo (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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