Good faith in Australian contract law after Barker

Gray, Anthony (2015) Good faith in Australian contract law after Barker. Australian Business Law Review, 43 (5). pp. 358-378. ISSN 0310-1053

Abstract

This article considers recent developments in the area of good faith in Australian law, particularly given the recent High Court of Australia decision in Barker. It further considers the meaning of good faith, and whether it is confined to honesty or should include reasonableness, and whether good faith is best seen as an implied term (and if so, what kind), a principle of construction, or simply a general assumption or expectation of contracting parties.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version due to publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 27 Nov 2015 02:35
Last Modified: 13 Jul 2016 05:19
Uncontrolled Keywords: good faith, relational contract, reasonableness, honesty, implied term, construction, assumption, expectation
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/27929

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