Good Faith in Contract: Why Australian Law is Incoherent

51 Pages Posted: 7 Apr 2014  

John Carter

The University of Sydney Law School

Date Written: April 7, 2014

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.

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

JEL Classification: K10, K12, K30

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: https://ssrn.com/abstract=2421117 or http://dx.doi.org/10.2139/ssrn.2421117

John Carter (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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