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Permanent link (DOI): https://doi.org/10.7939/R3Z26H

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Good Faith in Contractual Performance: Recent Developments Open Access

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Author or creator
O'Byrne, Shannon
Additional contributors
Subject/Keyword
Good faith (Law) -- Analysis
Contracts -- Interpretation and construction
Type of item
Journal Article (Published)
Language
english
Place
Time
Description
Judicial interpretation of contracts in some ways assumes that good faith is required unless otherwise explicitly stated, a trend made clear by Gateway v Arton Holdings. While common law has long relied on the notion of good faith, judges are enforcing an implied duty to both negotiate and perform contracts in good faith. Practitioners should assume a good faith standard adheres to most contracts, though courts may be reluctant to unreasonably impose moral standards contrary to contract provisions.
Date created
1995
DOI
doi:10.7939/R3Z26H
License information
Rights
© 1995 Shannon O'Byrne. This version of this article is open access and can be downloaded and shared. The original author(s) and source must be cited.
Citation for previous publication
O'Byrne, S., (1995). Good Faith in Contractual Performance: Recent Developments. Canadian Bar Review, 74(1), 70-96.
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