Good faith defences in tort law

Iain Field

Research output: Contribution to journalArticleResearchpeer-review

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 statues. 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 are capable of defeating liability in numerous circumstances that are beyond the reach of other tort law defences.
Original languageEnglish
Pages (from-to)147-178
Number of pages32
JournalThe Sydney Law Review
Volume38
Issue number2
Publication statusPublished - 2016

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