Acquire a practical overview of 'good faith' in commercial contracting

Dixon, William M. (2007) Acquire a practical overview of 'good faith' in commercial contracting. In Lexis Nexis Contract Law Masterclass, July 2007, Melbourne. (Unpublished)


The twists and turns in the ongoing development of the implied common law good faith obligation in the commercial contractual arena continue to prove fertile academic ground. Despite a lack of guidance from the High Court, the lower courts have been besieged by claims based, in part, on the implied obligation.

Although lower court authority is lacking consistency and the ‘decisions in which lower courts have recognised the legitimacy of implication of a term of good faith vary in their suggested rationales’, the implied obligation may provide some comfort to a party to ‘at least some commercial contracts’ faced with a contractual counterpart exhibiting symptoms of bad faith.

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ID Code: 42591
Item Type: Conference Paper
Refereed: No
Keywords: Commercial and Contract Law
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 2007 William M. Dixon
Deposited On: 13 Jul 2011 00:45
Last Modified: 14 Jul 2011 08:01

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