The contractual principle of good faith and the duty of honesty in Bhasin v. Hyrnew

• Author(s) / Creator(s)

  • O'Byrne, Shannon
  • Cohen, Ronnie

• This article explores the Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew. This includes an assessment of the new duty of honesty in contractual performance and the newly identified organizing principle of good faith. The authors also discuss contracting out of the duty of honesty — which Bhasin itself raises as a possibility — by assessing both Canadian and American law on point, including the Uniform Commercial Code. The article concludes that Bhasin’s largest and most lasting contribution is likely in how it expressly legitimates and defends the role of good faith in the common law of contract.

• Date created

  2015-01-01

• Subjects / Keywords

  • Bhasin v. Hrynew
  • good faith
  • duty of honesty

• Type of Item

  Article (Published)

• DOI

  https://doi.org/10.7939/r3-bshf-3e06

• License

  © 2015 Shannon O'Byrne et al. This version of this article is open access and can be downloaded and shared. The original author(s) and source must be cited.