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Good Faith in Australian Contract Law

John Carter
University of Sydney - Faculty of Law

Elisabeth Peden
University of Sydney - Faculty of Law

Sydney Law School Research Paper No. 06/55
Journal of Contract Law, Vol. 19, p. 156, 2003

Abstract:
This article seeks to address and arrest the recent judicial trend to reduce 'good faith' in contract law to an implied term with a vague and inappropriate meaning. The authors argue that good faith is inherent in all common law contract principles, and that an attempt to imply an independent term requiring good faith is at once unnecessary and a retrograde step. The article further discusses the meaning of 'good faith', which requires a sophistocated understanding of the meaning of 'honesty'. Further, the problems with defining 'good faith' as including 'reasonableness' and 'unconscionability' are outlined.

Keywords: Good faith, Contract law, Commercial construction of contract, Implied terms

JEL Classifications: K12, K40

Accepted Paper Series

Date posted: November 28, 2006 ; Last revised: August 29, 2008

Suggested Citation

Carter, John and Peden, Elisabeth, Good Faith in Australian Contract Law. ; Journal of Contract Law, Vol. 19, p. 156, 2003. Available at SSRN: http://ssrn.com/abstract=947352

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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
Elisabeth Peden University of Sydney - Faculty of Law ( email ) Faculty of Law Building, F10 The University of Sydney Sydney, NSW 2006 Australia

Abstract

Footnotes (62)

Date posted: November 28, 2006 ; Last revised: August 29, 2008

Suggested Citation

Contact Information

John Carter (Contact Author)

Elisabeth Peden