Abstract:
This paper assesses the present state of good faith as a concept used in the resolution of contractual disputes under Australian law. Its thesis is that the current law is incoherent due to the wide variety of views expressed in the cases and the failure to integrate good faith within principles governing the interpretation of contracts and the implication of terms. The specific contexts to which the thesis is applied are the performance and termination of contracts.
Carter, John, Good Faith in Contract: Why Australian Law is Incoherent (April 7, 2014). Sydney Law School Research Paper No. 14/38.
First posted 2014-04-07 17:17:24
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