Please use this identifier to cite or link to this item: http://hdl.handle.net/1959.14/39873
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- Title
- Good faith in contractual performance - smoke without flame?
- Related
- Journal of law and financial management, Vol. 4, Issue 2, p.18-37
- Related
- http://www.mgsm.edu.au/wps/wcm/connect/da4d6200479e62289a75dff62e67f7cc/jlfmnov05-TCarlin.pdf?MOD=AJPERES
- Publisher
- Macquarie Graduate School of Management
- Date
- 2005
- FoR/RFCD Code(s)
-
180105 Commercial and Contract Law
- Author/Creator
- Carlin, Tyrone M
- Description
- The question of the status of implied good faith performance obligations as an element of the Australian law of contract continues to lurk as a vital yet unresolved jurisprudential puzzle. Given the vital importance of contract as a foundation for commercial exchange and the potential for a good faith performance doctrine to materially impact the operation of contracts, this is an undesirable state of affairs. The evidence presented in this paper suggests that the approach taken to good faith performance has fragmented along jurisdictional lines. Further, far from representing a well developed and established doctrine, it has been the project of a very limited number of judges primarily drawn from just one state. These observations raise significant questions as to the legitimacy of the alleged doctrine.
- Description
- 20 page(s)
- Subject Keyword
- 180105 Commercial and Contract Law
- Subject Keyword
- contract
- Subject Keyword
- implied terms
- Subject Keyword
- good faith
- 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/1959.14/39873
- Identifier
- ISSN:1446-6899
- Identifier
- mq-rm-2005003222
- 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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