ABSTRACT

The law of contract in the South Pacific is still dominated by English law. However, there are differences between the two. Some statutory reforms in England do not apply or only apply in some countries of the region.1 Statutory innovations have been introduced by regional Parliaments and not all of these coincide with English legislative trends. There are also minor differences arising from regional case law, where courts have occasionally demonstrated a will to develop a law of contract more suited to local circumstances.2 Further divergence within the region results from the application of customary law, which, in some countries, governs contractual relationships and contractual disputes, at least at the village level.