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Good faith relations: Using relational contract theory to interpret express terms of good faith
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Good faith relations: Using relational contract theory to interpret express terms of good faith

Christopher Hicks
Honours, Murdoch University
2011
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Abstract

This paper addresses the meaning of the phrase 'good faith' where it appears in the express terms of a commercial contract. The purpose of this paper is to set out a methodology by which courts can consistently and predictably interpret the meaning of express obligations of good faith. It will be demonstrated that, by considering certain common contractual characteristics, a court can interpret such terms with greater fidelity to the parties' objectively ascertained intentions, in a way that is both reasoned and reasonable…

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