(DOWNLOAD) "Good Faith: Where are We at?" by Melbourne University Law Review * eBook PDF Kindle ePub Free
eBook details
- Title: Good Faith: Where are We at?
- Author : Melbourne University Law Review
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 259 KB
Description
[Considerable confusion and uncertainty exists regarding which classes of contracts and in which circumstances a duty of 'good faith" operates. Traditionally, the duty did not apply to commercial contracts, but a review of the post-Renard authorities indicates otherwise. The situation is not clarified by the varied approaches taken by the courts, which often blur the distinction between purposive interpretation as opposed to implication by law or implication in fact, This article suggests that the commercial purpose test should be a fundamental consideration in all contractual dealings. This test has been given a clear mandate by the High Court, and it will, in most cases, lead to the most appropriate good faith outcome achievable in any particular case.] I GOOD FAITH: SETTING THE COMMERCIAL CONTRACT APART