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Good Faith in Contractual Performance in Australia

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  • © 2020

Overview

Authors:
  1. Nurhidayah Abdullah

    1. Faculty of Economics & Administration, University of Malaya, Kuala Lumpur, Malaysia

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  • Covers the current state of the law concerning good faith in contractual performance in Australia
  • Shows that there is still inconsistency in the support of judges towards the issue of good faith in Australia
  • Suggests that good faith can be defined by way of ‘multi-categories’ involving a combination of a number of expressions or terminologies that describe the concept

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Table of contents (8 chapters)

  1. Front Matter

    Pages i-xvii
    Download chapter PDF

  2. Introduction

    • Nurhidayah Abdullah
    Pages 1-12

  3. Good Faith Under Contract Law

    • Nurhidayah Abdullah
    Pages 13-45

  4. Good Faith in International Context

    • Nurhidayah Abdullah
    Pages 47-87

  5. Good Faith Under Australian Contract Law

    • Nurhidayah Abdullah
    Pages 89-120

  6. Good Faith: An Empirical Study of Australian Cases

    • Nurhidayah Abdullah
    Pages 121-145

  7. Defining Good Faith

    • Nurhidayah Abdullah
    Pages 147-196

  8. Legislating a Good Faith Obligation in Australia

    • Nurhidayah Abdullah
    Pages 197-225

  9. Conclusion

    • Nurhidayah Abdullah
    Pages 227-230

  10. Back Matter

    Pages 231-251
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Keywords

About this book

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. 

Authors and Affiliations

  • Faculty of Economics & Administration, University of Malaya, Kuala Lumpur, Malaysia

    Nurhidayah Abdullah

About the author

Nurhidayah Abdullah received her Bachelor of Laws (LL.B (Hons)) and Master in Comparative Law (M.C.L.) from International Islamic University of Malaysia and  Doctor of Philosophy from Sydney University Business School, Australia. She was admitted to the Malaysian Bar as Advocate and Solicitor by the High Court of Malaya in 2004. She is currently an Assistant Professor at the Department of Administrative Studies and Politics, Faculty of Economics and Administrative, University Malaya.

Bibliographic Information

  • Book Title: Good Faith in Contractual Performance in Australia

  • Authors: Nurhidayah Abdullah

  • DOI: https://doi.org/10.1007/978-981-15-6078-1

  • Publisher: Palgrave Macmillan Singapore

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2020

  • Hardcover ISBN: 978-981-15-6077-4Published: 02 October 2020

  • Softcover ISBN: 978-981-15-6080-4Published: 03 October 2021

  • eBook ISBN: 978-981-15-6078-1Published: 01 October 2020

  • Edition Number: 1

  • Number of Pages: XVII, 251

  • Number of Illustrations: 28 b/w illustrations

  • Topics: Fundamentals of Law, Philosophy of Law, Commercial Law, Common Contract Law

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