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LLB170 Essay Question on Good Faith

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LLB170 Contracts B mid-session assignment on the issue of whether good faith should be considered as an implied term within contract law or not.

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7 Pages Essays / Projects 1-2 Years old* Previously uploaded under: LLB170 - Law of Contract B
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LLB170 Essay Question on Good Faith
Topics this document covers:
Contract law Law Private law Good faith Contractual term Commonwealth Bank of Australia v Barker Contract Australian contract law Consideration Conflict of contract laws Burger King Corporation v Hungry Jack's Pty Ltd Contractual terms in English law Andrew Robertson Arlen Duke Peter Kincaid Anthony Mason Jeannie Paterson John Gava
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Topics this document covers:
Contract law Law Private law Good faith Contractual term Commonwealth Bank of Australia v Barker Contract Australian contract law Consideration Conflict of contract laws Burger King Corporation v Hungry Jack's Pty Ltd Contractual terms in English law Andrew Robertson Arlen Duke Peter Kincaid Anthony Mason Jeannie Paterson John Gava
Sample Text:
1 However, whilst many decisions within the lower courts support the existence and relevance of the duty of good faith, there remains to be a common ambiguity among the High Court concerning the extent to which an implied duty of good faith is relevant within the scope of commercial contract law.2 Terms of a contract can be implied either through fact, law, custom or statute and the concept of good faith is said to have created a possible fifth category of implied terms described as ‘universal terms’.3 The theory of good faith and its role within commercial contract law has proven to be a very complex issue, howe...
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