Abstract

http://ssrn.com/abstract=2421117
 


 



Good Faith in Contract: Why Australian Law is Incoherent


John Carter


University of Sydney - Faculty of Law

April 7, 2014

Sydney Law School Research Paper No. 14/38

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.

Number of Pages in PDF File: 51

Keywords: contract, good faith, interpretation, implied terms, good faith in performance, cooperation, termination of contract

JEL Classification: K10, K12, K30

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Date posted: April 7, 2014  

Suggested Citation

Carter, John, Good Faith in Contract: Why Australian Law is Incoherent (April 7, 2014). Sydney Law School Research Paper No. 14/38. Available at SSRN: http://ssrn.com/abstract=2421117 or http://dx.doi.org/10.2139/ssrn.2421117

Contact Information

John Carter (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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