Good Faith and the Law of Contract, Volume II: Application to Specific Principles

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes.

Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible.

Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Anthony Gray is Professor of Law at Bond University, Australia.