Contract Law

Good Faith in the Performance of Contracts

By Elisabeth Peden
LexisNexis Australia February 2003

Specifications

ISBN-13
9780409319156
Publisher
LexisNexis Australia
Publication
February 2003
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

The development of the good faith doctrine has the potential to impact significantly on the legal obligations historically ascribed to parties under contract. This is the first book to be published in Australia on the emerging area of contract law and the role of good faith. It provides a clear overview of the different approaches available to the courts in the development of the doctrine of good faith in relation to the performance of contractual obligations.

All aspects are considered, including; the meaning of good faith; methods of incorporation of good faith; and remedies available for breach of good faith. Prominence is given to the implication of terms and principles of construction, which are considered from different perspectives, in order to highlight their historical significance, modern evolution and potential influence on the law of good faith. The book also includes: comparisons between good faith, co-operation and best endeavours; detailed analysis of recent cases; and a clear guide as to the development and future of good faith in Australian contract law.

About the Author

Elisabeth Peden:The leading Australian scholar on the role of good faith in contract law, Elisabeth Peden is Associate Professor of Law at the University of Sydney. She is also a consultant to Freehills and joint editor of the Commercial Law Quarterly and Book Review Editor of the Journal of Contract Law. She is the author of Good Faith in the Performance of Contracts and numerous articles on aspects of contract law.

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