Abstract
AbstractThe law of contract is changing. “Good faith” and “relational contracts” are used by parties more than ever before in commercial disputes. Yet, their definition and what it really means to act in good faith are still unsettled in the UK and Australia, reducing the (judicial and doctrinal) utility and impact of such conceptual tools. In contrast, the construction industry is trying to move forward in policy terms. Over the last 30 years, industry-led initiatives have been working to improve collaboration. In the UK and Australia, new collaborative frameworks contain express provisions asking parties to act with mutual trust and cooperation among other collaborative schemes. Examination of the judicial approach and industry initiatives demonstrates that there is – underpinning both – a project-centric approach (even if that is yet to be fully recognised or articulated). It is the aim of this paper to further articulate this understanding by examining at the judicial and industry positions in the UK and Australia.
Publisher
Springer Science and Business Media LLC
Reference42 articles.
1. Carter, J. W., and E. Peden (2003). Good faith in Australian Contract Law, JCL, 19, 155–172.
2. Chen-Wishart, M. and Dixon V. 2020. ‘Humble Good Faith: 3 by 4’. In Oxford Studies in Private Law Theory, eds. P. Miller, and J. Oberdiek, 187–232. Volume I Oxford: Oxford University Press,.
3. Collins, H. 2016. ‘Is a Relational Contract a Legal Concept?’. In Contract in Commercial Law, eds. S. Degeling, J. Edelman, and J. Goudkamp, 37–59. Toronto: Thomson Reuters.
4. Christie, D. S. 2018. ‘Capturing Collaboration in Construction Contracts in their Commercial Context’. In The future of the commercial contract in scholarship and law reform, eds. M. Heidemann, and J. Lee, 251–281. Springer.
5. Christie, D. S. 2022. ‘Van Oord v Dragados: The Inner house dredge up good faith from Aberdeen Harbour’ (2022) Edinburgh Law Review 268–273.