CODIFICATION, CONSOLIDATION, RESTATEMENT? HOW BEST TO SYSTEMISE THE MODERN LAW OF TORT

Abstract The law of tort (or extra or non-contractual liability) has been criticised for being imprecise and lacking coherence. Legal systems have sought to systemise its rules in a number ways. While civil generally place code, common favoured case-law development supported by limited statutory intervention consolidating existing legal rules. In both systems, case plays significant role maintaining the flexibility adaptability law. This article will examine, comparatively, different means systemising tort, contrasting codification (taking example recent French proposals update provisions Code ) with consolidation (using examples taken from English Australian law). examining degree which these formal systemisation are capable improving accessibility, intelligibility, clarity predictability it also address played informal sources, be they ambitious restatements other means. It argued that given nature law, at best, any form (be informal) can only seek minimise lack precision However, as this comparative study shows, further steps needed, updating outdated codal rethinking type scholarship might best assist courts.