Can the common law obligation of good faith be contractually excluded?

Dixon, William M. (2007) Can the common law obligation of good faith be contractually excluded? Australian Business Law Review, 35, pp. 110-121.

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Abstract

Academic discussion about the meaning and content of the implied common law obligation of good faith continues to flourish. However, relatively little attention has been paid to the drafting implications of the implied obligation, and, in particular, whether it is possible to successfully exclude the implied obligation by contractual provision. This article analyses a range of possible judicial responses to this issue in the context of differing commercial contractual provisions. The article seeks to demonstrate that a majority of Australian lower court decisions are consistent with the underlying basis of the good faith obligation being the reasonable expectations of the contractual parties and considers the wider implications this holds for those drafting commercial documentation.

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ID Code: 19416
Item Type: Journal Article
Refereed: Yes
Additional URLs:
ISSN: 0310-1053
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2007 Lawbook Company Ltd.
Deposited On: 02 Apr 2009 04:35
Last Modified: 29 Feb 2012 13:32

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