Good Faith Obligation

This book provides a study on the relevance of good faith obligation with a specific focus on Australia and China. Good faith has been hailed as one of the most important unresolved contractual issues in contract law. There have been numerous judicial approaches over the years to articulate a baseline for good faith application; however, the direction taken in dealing with this important issue is generally unsatisfactory, both in producing a coherent understanding of the role and sustaining a uniform application of good faith in contracts. This book concentrates on examining whether the continued relevance of good faith in arm's length contractual relationships based on the reasonable expectations of the contracting parties can be maintained. To accomplish this, good faith is examined by revisiting the legal approaches from a comparative perspective in understanding whether there is a continuing role for good faith in commercial contracts.

Is the first book to cover good faith in Australia and China after the Chinese Civil Code came into force in 2021 Discusses good faith obligation in the context of Public-Private Partnerships Presents analysis of good faith in the context of the harmonization of international commercial contract law

Auteur

Dr Alex Wan received his degrees in law from universities in the UK, New Zealand and Australia. He has taught law for over twenty years at Swinburne, including two and half years at Swinburne's Sarawak campus in Malaysia. Alex's industry experience, which spanned nearly a decade, saw him work for both private and public-listed companies in Malaysia where his area of practice was primarily centered on corporate and construction legal work. He was also actively involved in the corporate listing and restructuring of two companies during this time. His current research interests are in the areas of commercial law, corporate law, and Public-Private Partnerships (PPPs) contracts. He has taught a wide range of law units in both undergraduate and postgraduate programs in the business degree and the Bachelor of Laws degree.

Dr Peng Guo is a lecturer in Law at the Swinburne University of Technology. He has worked across several Australian universities and has held visiting positions at different European universities. He has received scholarships awarded by renowned research institutions and international organizations, including but not limited to, the Max Planck Institute for Comparative and International Private Law, the International Institute for the Unification of Private Law (UNIDROIT), the Swiss Institute of Comparative Law, and the European Union. His research interests lie in comparative contract law and international commercial law with a particular focus on the international sale of goods and international commercial arbitration.

Contenu

Chapter 1: Introduction.- Chapter 2: The Development of Good Faith.- Chapter 3: Good Faith in Chinese Law.- Chapter 4: Good Faith in the Australian Context.- Chapter 5: Good Faith Obligation in Practice.- Chapter 6: Conclusion.