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

Tyrone M. Carlin

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

Tyrone M. Carlin

Macquarie Graduate School of Management

Research output: Contribution to journal › Article › peer-review

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 language	English
Pages (from-to)	99-123
Number of pages	25
Journal	The University of New South Wales Law Journal
Volume	25
Issue number	1
Publication status	Published - 2002

Keywords

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

Cite this

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

Abstract

Keywords

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