The incomplete legal transplant – good faith and the common law

Gray, Anthony (2019) The incomplete legal transplant – good faith and the common law. In: Legal transplants in East Asia and Oceania. Cambridge University Press, Cambridge, United Kingdom, pp. 111-131. ISBN 978-1-108-47529-7


Abstract

This chapter considers the (incomplete) transplant of the principle of good faith into Australian contract law. The principle has long been accepted in Europe and the United States. Recently it has been accepted in the United Kingdom and Canada. Lower courts in Australia, particularly the New South Wales Court of Appeal, have long accepted and applied it. However, the High Court of Australia has not (yet) expressly embraced it.


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Item Type: Book Chapter (Commonwealth Reporting Category B)
Refereed: Yes
Item Status: Live Archive
Additional Information: Files associated with this item cannot be displayed due to copyright restrictions. Electronic version of the book available from the USQ Library catalogue.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 24 Sep 2019 01:53
Last Modified: 31 Jan 2020 05:02
Uncontrolled Keywords: good faith, transplants, Renard Constructions, High Court of Australia
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
Socio-Economic Objectives (2008): 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/36846

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