An Australian Contract Code

A draft Australia Contract Code (ACC) is presented in this discussion paper. The ACC contains only 27 Articles. The discussion paper provides a commentary and examples of its application based on 16 High Court of Australia cases. The Articles are stated in the form of broad principles, and include an overriding Article precluding the unconscionable assertion or denial of legal obligation. The discussion paper argues that the ACC codifies the common law of contract, as applied by Australian courts, in terms which are sufficiently specific to serve as a practical vehicle for the resolution of contract disputes. This argument is supported by the examples of its application.