Angelo Capuano


Good faith is a concept that should never have been introduced into Australian contract law. It is inconsistent with many Anglo-Australian legal principles and is, in some instances, already provided for with regard to well established Australian concepts relating to contractual relations. As a copy of the poorly established idea of good faith in the United States, the doctrine has little practical application in Australian law and so its hurried introduction into the Australian jurisdiction has been understandably met with criticism.