Good Faith, a Concept in Contract Law: Chasing a Mirage or a Miracle in Australian Context
It is the aim of the article to provide a context for understanding the concept of good faith in Australia. Good faith is arguably the most controversial concept in the law of contract, nevertheless it gains recognition and continues to have an increasing influence on many types of contracts. In...
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| Main Authors: | , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2015
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/609/1/FH03-FLAIR-16-04832.pdf http://eprints.unisza.edu.my/609/ |
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| Summary: | It is the aim of the article to provide a context for understanding the
concept of good faith in Australia. Good faith is arguably the most
controversial concept in the law of contract, nevertheless it gains
recognition and continues to have an increasing influence on many
types of contracts. In Australia, the concept of good faith was
introduced by Priestley J in his obiter comments in Renard
Constructions (ME) Pty Ltd v Minister for Public Works (1992).
Although the concept of good faith is widely discussed, it is without
a definitive guide in Australian contract law. Despite the absence of
an underlying obligation of good faith in Australian contract law, the
concept of good faith is relevant to Australian contract law. |
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