An empirical analysis of the status of good faith in contractual performance: the Australian experience

This thesis examines the concept of good faith in contractual performance as an important element in Australian contract law. The research begins with an empirical investigation of the extent of judicial support for an obligation of good faith in contract law since it was first put onto the judicial agenda in Australia by the case of Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234 through the obiter comments of Priestley J in 1992. The research continues with an empirical investigation of the meaning of good faith. There are many possible interpretations of the meaning of good faith, most of which are complex, contradictory, and unclear, which has led to undesirable uncertainty in the concept of good faith. The research then critically evaluates the possibility of legislating an obligation of good faith in contractual performance. 104 Australian cases from 1992 to 2009 that raised the issue of good faith were identified. The study period was divided into three phases; ‘Introduction Phase 1992- 1998’, ‘Development Phase 1999-2003’, and ‘Consolidation Phase 2004-2009’. These phases are examined for trends and development of the concept. A four Likerttype scale was used to access the attitude of the judges regarding the concept of good faith. In order to measure the validity and reliability of the data, the ‘average’ and ‘standard deviation’ is used in this study. The empirical observation concluded that there is still inconsistency of support from judges towards the issue of good faith. A rigorous thematic analysis of the meaning of good faith was conducted to propose a workable meaning of good faith. Despite the traditional reservations arising from uncertainty associated with the many meanings of good faith, an empirical analysis concluded that a workable meaning of good faith could be achieved by way of ‘multi-categories’. The previous Australian government accepted the recommendation to legislate good faith in the context of franchising to regulate the unethical behaviour of franchisors toward franchisees. In the context of franchising, good faith is legislated by way of ‘non-discretionary reference criteria’ as prescribed in S 22 of Australian Consumer Law. The development of good faith in the context of franchising offers a valuable opportunity for legislating good faith in contractual performance. Overall, this thesis argues that in the absence of a High Court decision regarding the application and meaning of good faith in contract law, there is scope for legislating a good faith obligation by defining good faith. This thesis suggests that good faith can be defined by way of ‘multi -categories’

Thermal Performance of Waste Rubber Wall Panel (WRWP) as Overheat Resistance in Building Construction

One of the significant Malaysian building development issues would be overheating building space as the common building materials are unable to control thermal absorption in the building. Based on Malaysia Standard Department 2007 guideline, the recommended temperature for interior design environment in Malaysia should be between 23ºC and 26ºC. Because of its area located at latitude 4.2105° N and longitude 101.9758° E, Malaysia gets the sun almost every day throughout the year. A significant heat increase in Malaysian houses gets from building elements. Therefore, this situation is because the common building material cannot control the thermal absorbent into the building. Laboratory analysis was conducted to determine the feasibility of developing a low-cost building material with acceptable thermal properties. The thermal performance of the used waste rubber was investigated to produce the new insulation building material (WRWP). Waste rubber from tyre production was used in this study. 700 grams of waste rubber was mixed with 400 grams of adhesive glue for every wall panel. Installing WRWP helps to decrease 28% of indoor temperature compared to buildings without WRWP. It also helps to slow down the heat increase when the temperature outside the building increases. WRWP installation also accelerated internal temperature when the temperature outside decreases. &nbsp