The Issue of Incorporating the Concept of Good Faith in Australian Contract Law: Implication or Construction

Abdullah, Nurhidayah and Kari, Fatimah and Ismail Nawang, Nazli (2015) The Issue of Incorporating the Concept of Good Faith in Australian Contract Law: Implication or Construction. Pertanika Journal of Social Sciences & Humanities, 23 (S). pp. 119-128. ISSN 0128-7702 (Printed) 2231-8534 (Online) (In Press)

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Abstract

It is aim of the article to provides a context for understanding the concept of good faith in Australia. Good faith is arguably the most controversial concept in contract law but nevertheless is gaining 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. Nevertheless, 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.

Item Type: Article
Subjects: K Law > K Law (General)
Faculty / Institute: Faculty of Law, Accountancy & International Relations
Depositing User: Mr Nazli Ismail
Date Deposited: 02 May 2016 02:49
Last Modified: 02 May 2016 02:49
URI: http://erep.unisza.edu.my/id/eprint/4305

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