Form and Substance in Us, English, New Zealand and Japanese Law: A Framework for Better Comparisons of Developments in the Law of Unfair Contracts

Victoria University of Wellington Law Review, Vol. 26, pp. 247-292, 1996

23 Pages Posted: 8 Nov 2005

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

Abstract

Recently there has been talk of change in the law of contract in the United States, England, New Zealand and Japan. Often this is linked to broader trends of internationalisation. This article builds on the form-substance framework proposed by Atiyah and Summers, focusing on the fine print doctrine, the duty of good faith, and the law of unconscionability and undue influence. It argues that developments in these areas of contract law, which control unfair contracts, tend to be consistent with the overall orientation of each national legal system. This suggests that counter-systemic developments in each legal system's contract law will be met by more resistance than expected. Further, those overall orientations are not necessarily convergent, and this is likely to affect the impact of international developments in contract law on each legal system.

Keywords: contract law, Japanese law, New Zealand

JEL Classification: K12

Suggested Citation

Nottage, Luke R., Form and Substance in Us, English, New Zealand and Japanese Law: A Framework for Better Comparisons of Developments in the Law of Unfair Contracts. Victoria University of Wellington Law Review, Vol. 26, pp. 247-292, 1996. Available at SSRN: https://ssrn.com/abstract=842684

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

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