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Good faith in contractual performance and enforcement : Australian doctrinal hurdles

Dixon, William M. (2011) Good faith in contractual performance and enforcement : Australian doctrinal hurdles. Australian Business Law Review, 39(4), pp. 227-244.

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    Abstract

    In the ongoing and spirited debate about the relative merits of an obligation of good faith in contractual performance and enforcement, widely divergent views have been expressed about the appropriateness and content of the putative obligation. However, relatively less time has been devoted to discussion of the sparseness of tools available to facilitate doctrinal development and the hurdles necessarily imposed by such limited doctrinal resources. This article seeks to examine the Australian doctrinal position against the backdrop of good faith as it finds application in the wider global context.

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    ID Code: 45492
    Item Type: Journal Article
    Keywords: contractual performance and enforcement, putative obligation, doctrinal development
    ISSN: 0310-1053
    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
    Current > Schools > School of Law
    Copyright Owner: Copyright 2011 Thomson Reuters (Australia/NZ)
    Deposited On: 30 Aug 2011 07:28
    Last Modified: 01 Sep 2011 00:08

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