Private Law Theory

Abstract:
Statutory good faith defences are largely ignored in the tort law literature. This is despite their long legislative history and continued ubiquity in modern statutes. This article develops an understanding of the essential nature and function of good faith defences and other similar defences. It demonstrates that these defences are governed by various limitations arising from their drafting and construction on the one hand, and the specific justificatory criteria that they comprise on the other. The article considers the implications of these limitations for the operation of good faith defences in specific instances of tortious liability, and demonstrates that good faith defences are capable of defeating liability in numerous circumstances that are beyond the reach of other tort law defences.

Iain Field, ‘Good Faith Defences in Tort Law’. Sydney Law Review vol 38:147 (2016).

First posted 2016-06-07 09:01:04