Contracts & Disputes

Good Faith

In plain English

Acting honestly and fairly toward the other party, rather than trying to trick or exploit them.

What it means

Good faith broadly means dealing honestly, fairly, and reasonably, without seeking to undermine the purpose of the agreement. In Australia, there is no settled universal duty of good faith in all contracts, but it is frequently implied into particular contracts and is expressly required in many commercial dealings and dispute-resolution clauses. Good faith does not require a party to sacrifice its own legitimate interests, but it does prevent dishonest or capricious conduct. It also underpins statutory protections like the prohibition on unconscionable conduct.

How it's used

The franchise agreement required both parties to act in good faith, so the franchisor could not cut off supply simply to pressure the franchisee.

Dealing with good faith in real life?

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