Download or read book Good Faith in Contractual Performance in Australia written by Nurhidayah Abdullah and published by Springer Nature. This book was released on 2020-10-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives a detailed account of the current state of the law concerning good faith in contractual performance in Australia, through an empirical study on its reception and development across the various Australian jurisdictions. In Australia, good faith received wide attention after Priestly J introduced in his obiter comments in Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234.This book focuses on the attitude of the judges to good faith, the definition of good faith, and the possibility of legislating a good faith obligation in Australian contract law. This book also discusses the issues surrounding its development, its meaning, and acceptance at the international level.The empirical legal research adopted in this book will offer a significant contribution in understanding the concept of good faith in Australia from the empirical perspective.
Download or read book An Empirical Analysis of the Status of Good Faith in Contractual Performance written by Nurhidayah Abdullah and published by . This book was released on 2015 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Download or read book Good Faith in Contract written by John Carter and published by . This book was released on 2014 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper assesses the present state of good faith as a concept used in the resolution of contractual disputes under Australian law. Its thesis is that the current law is incoherent due to the wide variety of views expressed in the cases and the failure to integrate good faith within principles governing the interpretation of contracts and the implication of terms. The specific contexts to which the thesis is applied are the performance and termination of contracts.
Download or read book Good Faith in Contract written by Roger Brownsword and published by Dartmouth Publishing Company. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
Download or read book A Comparative Analysis of the Doctrine of Good Faith Performance Between Australia and China written by Amy Chen and published by . This book was released on 2013 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Good Faith Obligation written by Alex Wan and published by Springer. This book was released on 2024-10-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a study on the relevance of good faith obligation with a specific focus on Australia and China. Good faith has been hailed as one of the most important unresolved contractual issues in contract law. There have been numerous judicial approaches over the years to articulate a baseline for good faith application; however, the direction taken in dealing with this important issue is generally unsatisfactory, both in producing a coherent understanding of the role and sustaining a uniform application of good faith in contracts. This book concentrates on examining whether the continued relevance of good faith in arm’s length contractual relationships based on the reasonable expectations of the contracting parties can be maintained. To accomplish this, good faith is examined by revisiting the legal approaches from a comparative perspective in understanding whether there is a continuing role for good faith in commercial contracts.
Download or read book Necessity Or Nuisance written by Elizabeth Sadleir and published by . This book was released on 2014 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Good Faith in Contract Performance written by Jane Forster and published by . This book was released on 1985 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Good Faith in the Performance of Contracts written by Elisabeth Peden and published by Butterworth-Heinemann. This book was released on 2003-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deals with the emerging area of contract law and the role of good faith. It provides a clear overview of the different approaches available to the courts in the development of the doctrine of good faith in relation to the performance of contractual obligations.
Download or read book Principles of Contract Law written by Jeannie Paterson and published by . This book was released on 2015 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Contract Law, 5th Editionremains Australias premier text for students of contract law. The new edition has been significantly revised in light of recent developments. Paterson, Robertson & Duke at University of Melbourne.
Download or read book Good Faith Time to Put the Genie Back in the Bottle written by Tyrone M. Carlin and published by . This book was released on 2005 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper, we examine the doctrine of good faith contractual performance in the context of the Australian law of contract. We argue that the doctrine as presently developed has taken on chimerical qualities and in particular, represents an undesirable threat to commercial certainty. In justifying our position, we use the recent decision of the NSW Court of Appeal in Vodafone v Mobile Innovations as a case study of the dangers associated with invoking good faith as a means of interfering with the essence of a bargain struck between commercial parties.
Download or read book Good faith and the performance of contracts in Australia written by David Kelly and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Good Faith in Contract and Property Law written by A. D. M. Forte and published by Hart Publishing. This book was released on 1999 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a symposium held October 1998 at Aberdeen University.
Download or read book Contract written by Jeannie Marie Paterson and published by Lawbook Company. This book was released on 2009 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTRACT: CASES AND MATERIALS 11th Edition provides students with essential resources for studying contract law in Australia. Contemporary cases which continue to shape contract law have been included in this new edition, while historically important cases have been retained to ensure students have a full picture of the law of contract as it stands today. Appendix: The Trade Practices Act 1974 (Cth).
Download or read book Legal Transplants in East Asia and Oceania written by Vito Breda and published by Cambridge University Press. This book was released on 2019-06-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.
Download or read book Good Faith in Long Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective written by Peng Guo and published by Springer Nature. This book was released on 2021-11-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
