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Good Faith Essay

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Good Faith Essay

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Good Faith Essay
Topics this document covers:
Contract law Law Private law Common law Contract Good faith Australian contract law Conflict of contract laws Burger King Corporation v Hungry Jack's Pty Ltd Duty of honest contractual performance Elisabeth Peden Jeannie Marie Paterson
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Topics this document covers:
Contract law Law Private law Common law Contract Good faith Australian contract law Conflict of contract laws Burger King Corporation v Hungry Jack's Pty Ltd Duty of honest contractual performance Elisabeth Peden Jeannie Marie Paterson
Sample Text:
Stemming from events, which have occurred in the 19th and 20th centaury, Australian law has tipped strongly against fairness and in favour of predictability. As a result the mood of Australian legislatures seems to favour broad ethical premises in contract.1 Due to the position been taken in Australian law the concept of good faith has been viewed as an individual concept rather than a principle, which is inherit in all contract law. Through exploring the diverse perspectives relating to the issue of good faith one is able to establish if such an obligation should be recognised. Firstly it would be appropriate to discuss Bridges quote in HK Lucke's essay, as it presents the fear for practising good faith in contract law. Bridges argues that by allowing the practice of good faith, judges no longer would need to make reasoned decisions and are mor...
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