Contract law reform: Legislators or judges - or both?

Research output: Contribution to journalArticlepeer-review

Abstract

This essay pursues a theme identified by Dale Hutchison - judges' use of their technical expertise to achieve creativity in law - and asks how far that may be relied upon by law reform bodies, such as the Law Commissions in the United Kingdom. The question is whether such bodies should take account of means other than legislation for having their recommendations put into effect. It is suggested that, while law reform bodies should be fully aware that their published work is a source of information, ideas and arguments for practitioners and judges which may contribute to the judicial development of the law, they should address themselves only to government and the legislature.
Original languageEnglish
Article number3
Pages (from-to)57-82
Number of pages26
JournalActa Juridica
Volume2021
Issue number1
Early online date1 Sep 2021
DOIs
Publication statusPublished - Sep 2021

Keywords

  • contract law
  • law reform
  • law commissions
  • illegal contracts
  • penalty clauses
  • mutuality and retention
  • judicial law reform
  • contract law reform

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