Good Faith in Contractual Performance in Australia

This book gives a detailed account of the current state of the law concerning good faith in contractual performance in Australia, through an empirical study on its reception and development across the various Australian jurisdictions.
In Australia, good faith received wide attention after Priestly J introduced in his obiter comments in Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234.This book focuses on the attitude of the judges to good faith, the definition of good faith, and the possibility of legislating a good faith obligation in Australian contract law. This book also discusses the issues surrounding its development, its meaning, and acceptance at the international level.The empirical legal research adopted in this book will offer a significant contribution in understanding the concept of good faith in Australia from the empirical perspective.

Covers the current state of the law concerning good faith in contractual performance in Australia Shows that there is still inconsistency in the support of judges towards the issue of good faith in Australia Suggests that good faith can be defined by way of 'multi-categories' involving a combination of a number of expressions or terminologies that describe the concept

Auteur

Nurhidayah Abdullah received her Bachelor of Laws (LL.B (Hons)) and Master in Comparative Law (M.C.L.) from International Islamic University of Malaysia and Doctor of Philosophy from Sydney University Business School, Australia. She was admitted to the Malaysian Bar as Advocate and Solicitor by the High Court of Malaya in 2004. She is currently an Assistant Professor at the Department of Administrative Studies and Politics, Faculty of Economics and Administrative, University Malaya.

Contenu

1. Introduction.- 2. Good Faith under Contract Law.- 3. Good Faith in International Context.- 4. Good Faith under Australian Contract Law.- 5. Good Faith: An Empirical Study of Australian Cases.- 6. Defining Good Faith.- 7. Legislating A Good Faith Obligation in Australia.- 8. Conclusion.