Development of good faith in Canada, Australia and Great Britain

Gray, Anthony (2015) Development of good faith in Canada, Australia and Great Britain. Canadian Business Law Journal, 57 (1). pp. 84-119. ISSN 0319-3322

Abstract

This paper considers recent acceptance of the doctrine of good faith in the Supreme Court of the United Kingdom and Canada, after long-term resistance to such a step. It contrasts the current position in Australia, where some lower courts have recognised and continue to apply notions of good faith. The Australian High Court has so far declined to discuss the extent to which such a doctrine is party of Australian law, despite having opportunities to do so.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: c. Canada Law Book Inc.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 27 Nov 2015 02:07
Last Modified: 27 Jul 2016 01:51
Uncontrolled Keywords: good faith; implied term; honesty; reasonableness; expectations; relational contract
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180105 Commercial and Contract Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/27852

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