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The Basis of Contractual Duties of Good Faith

Davies, PS; (2019) The Basis of Contractual Duties of Good Faith. Journal of Commonwealth Law , 1 (1) Green open access

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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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