Please use this identifier to cite or link to this item: http://hdl.handle.net/1959.14/38176
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- Title
- Good faith - time to put the genie back in the bottle
- Related
- Journal of law and financial management, Vol. 3, Issue 2, p.22-30
- Related
- http://www.gsm.mq.edu.au/wps/wcm/connect/d6824d004752a2d19d4f9fb3c740ffcc/Vol3-2Nov04_Carlin-Chow.pdf?MOD=AJPERES&CACHEID=d6824d004752a2d19d4f9fb3c740ffcc
- Related
- http://www.austlii.edu.au/au/journals/JLFM/2004/8.html
- Publisher
- Macquarie Graduate School of Management
- Date
- 2004
- Author/Creator
- Carlin, Tyrone M
- Author/Creator
- Chau, Louise
- Description
- In this paper, we examine the doctrine of good faith contractual performance in the context of the Australian law of contract. We argue that the doctrine as presently developed has taken on chimerical qualities and in particular, represents an undesirable threat to commercial certainty. In justifying our position, we use the recent decision of the NSW Court of Appeal in Vodafone v Mobile Innovations as a case study of the dangers associated with invoking good faith as a means of interfering with the essence of a bargain struck between commercial parties.
- Description
- 9 page(s)
- Resource Type
- journal article
- Resource Type
- Journal Of Law And Financial Management Collection
- Organisation
- Macquarie University. Macquarie Graduate School of Management
- Identifier
- http://hdl.handle.net/1959.14/38176
- Identifier
- ISSN:1446-6899
- Identifier
- mq-rm-2004022098
- Language
- eng
- Rights
- Publisher version archived with the permission of the publisher Macquarie Graduate School of Management, Macquarie University, NSW, Australia. This archived copy is available for individual, non-commercial use. Permission to use this version for other uses must be obtained from the publisher.
- Full Text
- Reviewed
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