THE IMPLIED TERM OF GOOD FAITH AND FAIR DEALING: RECENT DEVELOPMENTS

Authors

  • Shannon Kathleen O'Byrne

Abstract

This article assists common law practitioners to predict when good faith obligations are owed in the context of contractual performance by organizing recent case law. The article concludes by advocating for express recognition of a common law rule that would mandate good faith as the governing, default standard out of which parties must expressly contract.

Keywords:

Implied Term, Good Faith, Contracts

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Published

2007-12-01

Issue

Section

Legal Commentary