An Australian Contract Code (ACC)
Our interest in codification began during our collaboration as teachers of Contract Law at the University of Melbourne. Our desire to produce a clear statement of general principles as a road map for students through the labyrinth of common law doctrine led us ultimately to draft An Australian Contract Code, (ACC) published in a discussion paper DP27 by the Victorian Law Reform Commission in 1992.
The ACC contains only 27 Articles. DP27 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. DP27 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.