Good faith - time to put the genie back in the bottle

Tyrone M. Carlin; Louise Chau

Good faith - time to put the genie back in the bottle

Tyrone M. Carlin, Louise Chau

Macquarie Graduate School of Management

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Abstract

In this paper, we examine the doctrine of good faith contractual performance in the context of the Australian law of contract. We argue that the doctrine as presently developed has taken on chimerical qualities and in particular, represents an undesirable threat to commercial certainty. In justifying our position, we use the recent decision of the NSW Court of Appeal in Vodafone v Mobile Innovations as a case study of the dangers associated with invoking good faith as a means of interfering with the essence of a bargain struck between commercial parties.

Original language	English
Pages (from-to)	22-30
Number of pages	9
Journal	Journal of law and financial management
Volume	3
Issue number	2
Publication status	Published - 2004

Bibliographical note

Publisher version archived with the permission of the publisher Macquarie Graduate School of Management, Macquarie University, NSW, Australia. This archived copy is available for individual, non-commercial use. Permission to use this version for other uses must be obtained from the publisher.

Access to Document

Publisher version (open access)Final published version, 99.8 KBLicence: Unspecified

Cite this

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title = "Good faith - time to put the genie back in the bottle",

abstract = "In this paper, we examine the doctrine of good faith contractual performance in the context of the Australian law of contract. We argue that the doctrine as presently developed has taken on chimerical qualities and in particular, represents an undesirable threat to commercial certainty. In justifying our position, we use the recent decision of the NSW Court of Appeal in Vodafone v Mobile Innovations as a case study of the dangers associated with invoking good faith as a means of interfering with the essence of a bargain struck between commercial parties.",

author = "Carlin, {Tyrone M.} and Louise Chau",

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AU - Chau, Louise

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PY - 2004

Y1 - 2004

N2 - In this paper, we examine the doctrine of good faith contractual performance in the context of the Australian law of contract. We argue that the doctrine as presently developed has taken on chimerical qualities and in particular, represents an undesirable threat to commercial certainty. In justifying our position, we use the recent decision of the NSW Court of Appeal in Vodafone v Mobile Innovations as a case study of the dangers associated with invoking good faith as a means of interfering with the essence of a bargain struck between commercial parties.

AB - In this paper, we examine the doctrine of good faith contractual performance in the context of the Australian law of contract. We argue that the doctrine as presently developed has taken on chimerical qualities and in particular, represents an undesirable threat to commercial certainty. In justifying our position, we use the recent decision of the NSW Court of Appeal in Vodafone v Mobile Innovations as a case study of the dangers associated with invoking good faith as a means of interfering with the essence of a bargain struck between commercial parties.

M3 - Article

SN - 1446-6899

VL - 3

SP - 22

EP - 30

JO - Journal of law and financial management

JF - Journal of law and financial management

IS - 2

ER -

Good faith - time to put the genie back in the bottle

Abstract

Bibliographical note

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