The Rise (and fall?) of implied duties of good faith in contractual performance in Australia

Tyrone M. Carlin

Research output: Contribution to journalArticle

Abstract

The doctrine of an implied duty of good faith in contractual performance had been largely ignored until the 1990s, even with prominent factors in remolding the law of contract in Australia. The apparent infiltration of implied duties of good faith in contractual performance into the Australian law of contract are tracked along with the manner in which the implication of contractual terms requiring good faith in performance gained apparent legitimacy in Australia.
Original languageEnglish
Pages (from-to)99-123
Number of pages25
JournalUniversity of New South Wales Law Journal
Volume25
Issue number1
Publication statusPublished - 2002

Keywords

  • Australia, Trade Practices Act 1974
  • Australia, Bankruptcy Act 1966
  • Contracts--Australia--Cases
  • Good faith (Law)

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