Examine academic criticism of the doctrine of consideration

Examine academic criticism of the doctrine of consideration

Contracts – Research Essay Question

Question:

Consideration, which has always had an elusive quality, is the most obvious candidate [for reform]. It has been criticized in a general way for a long time. Some of the applications of consideration, especially the rules of contract variation, have also attracted hostility.

Warren Swain, ‘Contract Codification in Australia: is it necessary, desirable and possible?’ (2014) 36 (1) Sydney Law Review 131, 144 (citations omitted).

Considering the above quote by Swain, should the doctrine of consideration be abolished from Australian contract law?

In your answer you must:

• Explain the doctrine of consideration as it is currently understood in Australian contract law;

• Research and examine academic and other criticism of the doctrine of nconsiderarNo file selected.

• State and explain your own opinion in response to the question.

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