Development of good faith in Canada, Australia and Great Britain
Article
Gray, Anthony. 2015. "Development of good faith in Canada, Australia and Great Britain." Canadian Business Law Journal. 57 (1), pp. 84-119.
Article Title | Development of good faith in Canada, Australia and Great Britain |
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ERA Journal ID | 33160 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Canadian Business Law Journal |
Journal Citation | 57 (1), pp. 84-119 |
Number of Pages | 36 |
Year | 2015 |
Place of Publication | Toronto, Ontario |
ISSN | 0319-3322 |
Web Address (URL) | http://www.carswell.com/product-detail/canadian-business-law-journal/ |
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. |
Keywords | good faith; implied term; honesty; reasonableness; expectations; relational contract |
ANZSRC Field of Research 2020 | 480699. Private law and civil obligations not elsewhere classified |
Public Notes | c. Canada Law Book Inc. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
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