Studies in the Contract Laws of Asia

Journal of Japanese Law, 2021 (Forthcoming)

25 Pages Posted: 8 Sep 2021

See all articles by Luke R. Nottage

Luke R. Nottage

The University of Sydney Law School; The University of Sydney - Australian Network for Japanese Law; University of Wollongong - Faculty of Law, Humanities and the Arts (LHA)

Date Written: September 5, 2021

Abstract

This review essay assesses the detailed, authoritative and thought-provoking first three of six proposed volumes in the series on “Studies in the Contract Laws of Asia” published by Oxford University Press. Lead-edited by Mindy Chen-Wishart, these excellent volumes span remedies for breach (2016), formation of contract and third-party beneficiaries (2018), and contents of contracts and unfair terms (2020, thus extending to an important area of consumer law). The respective editors argue quite compellingly for significant functional convergence even among Asian legal systems from quite divergent legal traditions. However, such convergence arguably becomes less obvious especially by the third volume. The functional analysis also focuses primarily on what decisions would be rendered by courts in stylised fact scenarios rather than whether and how such outcomes are reflected in contracting practices or law reform processes. Closer examination of these aspects may make future volumes even more valuable for researchers, practitioners and policy-makers.

Keywords: contract law, comparative law, Asian law, Commonwealth law, consumer law

JEL Classification: K10, K12, K30

Suggested Citation

Nottage, Luke R., Studies in the Contract Laws of Asia (September 5, 2021). Journal of Japanese Law, 2021 (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3918000

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

University of Wollongong - Faculty of Law, Humanities and the Arts (LHA) ( email )

Fairymeadow, Northfields Ave
Building 19
Wollongong, New South Wales 2522
Australia

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