Review of Contract Law: Discussion Paper on Interpretation of Contract

ISBN-10
0108882551
ISBN-13
9780108882555
Category
Contracts
Language
English
Published
2011
Publisher
Stationery Office Books (TSO)
Author
Scottish Law Commission

Description

This Discussion Paper is the first publication in a new project reviewing contract law. The proposal is to review the law of contract in light of the Draft Common Frame of Reference: Principles, Definitions and Model Rules of European Private Law (the DCFR), published in 2009. The DCFR provides a contemporary statement of contract law, based on comparative research from across the European Union and written in accessible and non-archaic English and can be seen to provide this area of Scots law with a health check giving a basis for treatment if so required. The DCFR has in mind the creation of a Common Frame of Reference (CFR) which is intended as either an aid to better, more consistent European Union contract legislation or to be used by parties contracting in the EU in place of national law. The DCFR incorporates existing EU contract legislation within an overall system of model rules covering general contract law but also the specific contracts. The conclusion of the Commission's inquiry may be that the present law is satisfactory; or that it requires some patching; or that a full legislative statement would be useful (whether or not the DCFR is taken as the model for such a statement, and whether or not that statement changes the law as it presently stands). Of previous reports on contract law published in the 1990s four have not been implemented. There is, therefore, a case for reconsidering the topics of the reports, but this time taking the DCFR into account. Accordingly the first stage of the new review of contract law is a return To The unimplemented reports on the subject.

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