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Introduction

Since the early 1990s, Australian judicial system has experienced a great flux revolving around the notion of good faith in the performance the enforcement of contracts. The leading case Renard Construction (ME) Pty Ltd v Minister for Public Works (Renard) along with Preistly JA’s judgment commenced the controversial introduction of universal obligation of good faith in all contracts. Such introduction was also confronted by the opposing force of the more conservative judgments, such as those of Meagher JA in Renard and Gummow J in Service Station Association v Berg Bennett & Associates Pty Ltd . In order to correctly assess the extent to which the High Court of Australia should recognize that in all contracts, parties have an implied obligation of good faith and fair dealing in the performance and enforcement of the contract, we need to observe the current state of law and judge the possible effect of universal implication of good faith in contract law against......

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Approximate Word Count: 1785
Approximate Pages: 8 (250 words per double-spaced page)

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