| _version_ |
1860797449738649600
|
| building |
INTELEK Repository
|
| collection |
Online Access
|
| collectionurl |
https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072
|
| date |
2024-08-27 13:51:50
|
| format |
Restricted Document
|
| id |
12760
|
| institution |
UniSZA
|
| internalnotes |
Adler, R. S., & Mann, R. A. (1995). Good Faith: A New Look At an Old Doctrine. Akron Law Review, 28(1), 31-52. Burrows, J. F. (1968). Contractual Co-Operation and Implied Term. The Modern Law Review, 31(4), 390-407. Carter, J. W., & Stewart, A. (2002). Interpretation, Good Faith and the ‘True Meaning’ of Contracts: The Royal Botanic Decision. Journal of Contract Law, 18(3), 182-195 Carter, J., & Pdeen, E. (2003). Good Faith in Australian Contract Law. Journal of Contract Law, 19, 155-178 Mason, A. F. (2000). Contract, Good Faith and Equitable Standards in Fair Dealing. Law Quarterly Review, 116, 66. Paterson, J. (1998). Terms Implied In Fact: The Basis For Implication. Journal of Contract Law, 13, 103-125 Paterson, J. (2000). Duty of Good Faith: Does It Have A Place in Contract Law? The Law Institute Journal, 74(6), 47-50. Peden, E. (2000). Cooperation In English Contract Law-To Construe Or Imply? Journal of Contract Law, 16, 56-67. Peden, E. (2001). Incorporating Terms of Good Faith in Contract Law in Australia. Sydney Law Review, 23, 222 Peden, E. (2003). Good Faith in the Performance of Contract Law. Law Society Journal: the official journal of the Law Society of New South Wales, 42(9), 64. Peden, E. (2003). Good Faith in the Performance of Contract. Butterworths: Lexisnexis Riley, J. (2003). Mutual Trust And Good Faith: Can Private Contract Law Guarantee Fair Dealing In The Workplace? Australian Journal of Labour Law, 16, 1 Seddon, N., & Ellinghaus, M. (2002). Cheshire & Fifoot’s Law of Contract. (8th Edn). Butterworths: Lexis Nexis. Woo, P. Y. (2001). Protecting Parties’ Reasonable Expectations: A General Principle of Good Faith. Oxford University Commonwealth Law Journal. 1(2), 195-229
|
| originalfilename |
7067-01-FH02-FUHA-16-05466.pdf
|
| person |
Adobe Acrobat Pro DC 20.6.20042
|
| recordtype |
oai_dc
|
| resourceurl |
https://intelek.unisza.edu.my/intelek/pages/view.php?ref=12760
|
| spelling |
12760 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=12760 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Article Journal application/pdf Adobe Acrobat Pro DC 20 Paper Capture Plug-in with ClearScan 11 1.6 Adobe Acrobat Pro DC 20.6.20042 2024-08-27 13:51:50 7067-01-FH02-FUHA-16-05466.pdf UniSZA Private Access Incorporating the Concept of Good Faith in Australian Contract Law: Implication or Construction Pertanika J. Soc. Sci. & Hum Good faith is arguably the most controversial concept in Australian contract law despite no high court decision deciding its application. The case of Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) introduced the concept of good faith for the first time by way of obiter comment by Priestley J. In this case, it was argued that good faith is implied by ‘Implication’. The objective of this paper is to analyse the issue of incorporating the concept of good faith in Australian contract law either by way of ‘Implication’ or ‘Construction’. There are two types of implication of a term; ‘implied by fact’ and ‘Implied by law’. This is a library-based research paper and uses a qualitative approach to compare both approaches in implying the concept of good faith. The paper concludes that good faith is easier to identify from the term ‘implied by law’ which is based on the legal incident of a particular class of contract. 23 S11 Universiti Putra Malaysia Universiti Putra Malaysia 121-130 Adler, R. S., & Mann, R. A. (1995). Good Faith: A New Look At an Old Doctrine. Akron Law Review, 28(1), 31-52. Burrows, J. F. (1968). Contractual Co-Operation and Implied Term. The Modern Law Review, 31(4), 390-407. Carter, J. W., & Stewart, A. (2002). Interpretation, Good Faith and the ‘True Meaning’ of Contracts: The Royal Botanic Decision. Journal of Contract Law, 18(3), 182-195 Carter, J., & Pdeen, E. (2003). Good Faith in Australian Contract Law. Journal of Contract Law, 19, 155-178 Mason, A. F. (2000). Contract, Good Faith and Equitable Standards in Fair Dealing. Law Quarterly Review, 116, 66. Paterson, J. (1998). Terms Implied In Fact: The Basis For Implication. Journal of Contract Law, 13, 103-125 Paterson, J. (2000). Duty of Good Faith: Does It Have A Place in Contract Law? The Law Institute Journal, 74(6), 47-50. Peden, E. (2000). Cooperation In English Contract Law-To Construe Or Imply? Journal of Contract Law, 16, 56-67. Peden, E. (2001). Incorporating Terms of Good Faith in Contract Law in Australia. Sydney Law Review, 23, 222 Peden, E. (2003). Good Faith in the Performance of Contract Law. Law Society Journal: the official journal of the Law Society of New South Wales, 42(9), 64. Peden, E. (2003). Good Faith in the Performance of Contract. Butterworths: Lexisnexis Riley, J. (2003). Mutual Trust And Good Faith: Can Private Contract Law Guarantee Fair Dealing In The Workplace? Australian Journal of Labour Law, 16, 1 Seddon, N., & Ellinghaus, M. (2002). Cheshire & Fifoot’s Law of Contract. (8th Edn). Butterworths: Lexis Nexis. Woo, P. Y. (2001). Protecting Parties’ Reasonable Expectations: A General Principle of Good Faith. Oxford University Commonwealth Law Journal. 1(2), 195-229
|
| spellingShingle |
Incorporating the Concept of Good Faith in Australian Contract Law: Implication or Construction
|
| summary |
Good faith is arguably the most controversial concept in Australian contract law despite no high court decision deciding its application. The case of Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) introduced the concept of good faith for the first time by way of obiter comment by Priestley J. In this case, it was argued that good faith is implied by ‘Implication’. The objective of this paper is to analyse the issue of incorporating the concept of good faith in Australian contract law either by way of ‘Implication’ or ‘Construction’. There are two types of implication of a term; ‘implied by fact’ and ‘Implied by law’. This is a library-based research paper and uses a qualitative approach to compare both approaches in implying the concept of good faith. The paper concludes that good faith is easier to identify from the term ‘implied by law’ which is based on the legal incident of a particular class of contract.
|
| title |
Incorporating the Concept of Good Faith in Australian Contract Law: Implication or Construction
|
| title_full |
Incorporating the Concept of Good Faith in Australian Contract Law: Implication or Construction
|
| title_fullStr |
Incorporating the Concept of Good Faith in Australian Contract Law: Implication or Construction
|
| title_full_unstemmed |
Incorporating the Concept of Good Faith in Australian Contract Law: Implication or Construction
|
| title_short |
Incorporating the Concept of Good Faith in Australian Contract Law: Implication or Construction
|
| title_sort |
incorporating the concept of good faith in australian contract law: implication or construction
|