Topic > Australian contract law should be codified - 1889

Australia would benefit commercially if contract law were codified. The common law system that contracts call home can only go so far and limits itself when extended to cover new areas. There needs to be a set of national laws governing contracts on the commercial and general front to overcome cross-border discrepancies. However, there still remains an inconsistency with consumers, minors and commercial exchanges through contracts stipulated online. The digital economy is not only one of the fastest growing sectors, but it is constantly evolving and is definitely a prospect that needs to be covered. Effective legal protections against unfair exploitation and the gaining of advantages in such online transactions would allow Australian contract law to remain in the global arena. The Australian public needs greater stability and certainty in contract law, and codification is a step towards filling that gap by enabling citizens to be well equipped and educated about their rights and decisions. Certainty on the trade front As trade relationships grow in Australia and around the world , so do the complications. If some sort of codification is not established and built upon existing principles, business opportunities may be in jeopardy due to the uncertainty and risk of not having a clear framework or set of laws governing contracts in general. Knowledge is the ultimate basis of public happiness, meaning greater accessibility to a reformed or unified contract law than what has already been built into common law would mean that business relationships would have the security of being better informed with less reliance on legal advice. Ensuring that Australian contract law adapts a level of restatement, the commercial......middle of paper......head?: Rules, freedoms and acceptable terms in Internet contracts" (2010) 14 Journal of the Internet Law 18-31CASESAustralian Competition and Consumer Commission v Allphones Retail Pty Ltd [2009] FCA 17Australian Competition and Consumer Commission v Clarion Marketing Pty Ltd [2009] FCA 1441Australian Competition and Consumer Commission v Jetplace Pty Ltd [2010] FCA 759L'Estrange v F Graucob Ltd [1934] 2 KB 394Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 Australian Competition and Consumer Commission v Chen (2003) 201 ALR 40 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Federal Commerce & Navigation Co Ltd v Tradax Export SA (The Maratha Envoy) [ 1978] AC 1LEGISLATIONElectronic Contracts Act 1999 (Cth)Electronic Contracts Act 2000 (NSW)Children's (Property and Contracts) Act 1970 (NSW)Competition Act and on consumers in 2010 (Cth)