Part II
Published online by Cambridge University Press: 18 June 2019
Summary
This chapter will consider a legal transplant that is potentially still occurring – the broad recognition of notions of ‘good faith’ in relation to contracts. Whilst notions of good faith surround early conceptions of contractual relations, as will be seen, the common law, whilst initially apparently accepting good faith as part of the law of contract, set its face against such a doctrine, except in relation to insurance contracts. That resistance had been stoic for many years, until finally in recent years, the United Kingdom Supreme Court accepted the doctrine as a principle applicable to contracts, at least to some extent. In so doing, it followed in the footsteps of the Canadian Supreme Court, which finally recognized a general doctrine of good faith earlier in the same year. The doctrine is broadly recognized in the United States.
- Type
- Chapter
- Information
- Legal Transplants in East Asia and Oceania , pp. 109 - 230Publisher: Cambridge University PressPrint publication year: 2019
References
VIII Bibliography
IX Bibliography
XI Bibliography
Case Law
Australian Capital Television Pty Ltd v. Commonwealth [1992] HCA 45; (1992) 177 CLR 1.
Brown v. Tasmania [2017] HCA 43.
Commonwealth v. Tasmania (1983) 158 CLR 1,
Davis v. Commonwealth (1988) 166 CLR 79.
Marcus Clark & Co Ltd v. Commonwealth (1952) 87 CLR 177.
McCulloch v. Maryland 7 US 316 (1819).
McCloy v. NSW [2015] HCA 34.
Metropolitan Borough Council v. Secretary of State for Business, Innovation and Skills [2015] UKSC 6.
Minister for Aboriginal Affairs v. Peko-Wallsend (1986) 162 CLR 24.
Minister for Immigration and Citizenship v. Li 362 (2013) 249 CLR 332, 362 [63].
Minister for Resources v. Dover Fisheries Pty Ltd (1993) 116 ALR 54,
Monis v. The Queen [2013] 249 CLR 92.
Mulholland v. Australian electoral Commission (2004) 220 CLR 181.
Nationwide News Pty Ltd v. Wills [1992] HCA 46; (1992) 177 CLR 1
Re Fares Rural Meat and Livestock Corporation Pty Ltd v. Australian Meat and Live-Stock Corporation (1990) 96 ALR 153.
R v. Secretary of State for Foreign and Commonwealth Affairs, ex p Everett [1989] 1 QB
Tajjour v. NSW [2014] HCA 35.