The existence and enforceability of contractual good faith obligations seem less in doubt in Australia than ever before. Recent decisions in different jurisdictions reveal an increasing trend for courts to recognise and uphold express obligations and implied obligations of good faith. While there has been a greater acceptance of express and implied good faith obligations, there is still some uncertainty as to the meaning of 'good faith' and the actual content of the obligation in any context. This article considers the different meanings given to 'good faith' in Australia, and compares those with 'good faith' in jurisdictions in the USA, which has incorporated good faith in contract law for some time, both at common law and through codification, such as the Uniform Commercial Code.
"Contractual Good Faith: Can Australia Benefit from the American Experience?,"
Bond Law Review:
2, Article 12.
Available at: http://epublications.bond.edu.au/blr/vol15/iss2/12