Good Faith in Contractual Performance: Recent Developments

• Author(s) / Creator(s)

  • O'Byrne, Shannon

• 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

• Subjects / Keywords

  • Contracts--Interpretation and construction
  • Good faith (Law)--Analysis

• Type of Item

  Article (Published)

• DOI

  https://doi.org/10.7939/R3Z26H

• License

  © 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.