Davies, PS;
(2019)
The Basis of Contractual Duties of Good Faith.
Journal of Commonwealth Law
, 1
(1)
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Abstract
This article considers the basis of duties of good faith where not expressly provided for by the parties. It analyses the different approaches adopted in Canada and England and Wales, and assesses whether good faith is part of an ‘irreducible core’ of contract law or whether it should only be introduced into a contract through the mechanism of implied terms. It is suggested that the latter approach is preferable, and that (in the commercial context at least) courts should be wary about imposing duties of good faith on parties who did not provide for such duties. Well-advised commercial parties who wish particular duties to govern their relationship should be encouraged to stipulate such duties expressly in their contract.
| Type: | Article |
|---|---|
| Title: | The Basis of Contractual Duties of Good Faith |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | https://www.journalofcommonwealthlaw.org/article/8... |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| Keywords: | commercial law, interpretation, bhasin v hrynew, good faith, contract, yam seng, implied terms |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10061578 |
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