Good faith defences in tort law

Date of this Version


Document Type

Journal Article

Publication Details

Citation only

Field, I. (2016). Good faith defences in tort law. The Sydney Law Review, 38(2), 147-178.

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© 2016 Sydney Law Review and author




Statutory good faith defences are largely ignored in the tort law literature. This is despite their long legislative history and continued ubiquity in modern statues. This article develops an understanding of the essential nature and function of good faith defences and other similar defences. it demonstrates that these defences are governed by various limitations arising from their drafting and construction on the one hand, and the specific justificatory criteria that they comprise on the other. The article considers the implications of these limitations for the operation of good faith defences are capable of defeating liability in numerous circumstances that are beyond the reach of other tort law defences.

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This document has been peer reviewed.