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The source of the good faith obligation in the performance and enforcement of commercial contracts

Dixon, William M. (2004) The source of the good faith obligation in the performance and enforcement of commercial contracts. In Second Biennial Conference on the Law of Obligations, 15-16 July 2004, University of Melbourne, Melbourne. (Unpublished)

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Abstract

There are many issues associated with good faith that will ultimately confront the Australian High Court and a number of these have been well canvassed. However, one significant issue has attracted relatively little comment. To date, a number of Australian courts (lower in the judicial hierarchy) have been prepared to hold directly, tacitly accept or assume (without making a final determination) that good faith is implied (as a matter of law) in the performance and enforcement of a very broad class of contract, namely commercial contracts per se. This broad approach is demonstrated in decisions from the Federal Court, the New South Wales Court of Appeal, the Supreme Courts of Victoria and Western Australia and has crept into pleadings in commercial matters in Queensland

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ID Code: 42588
Item Type: Conference Paper
Keywords: Commercial and Contract Law , good faith , commercial contracts
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2004 William M. Dixon.
Deposited On: 13 Jul 2011 11:18
Last Modified: 14 Jul 2011 18:01

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