GOOD FAITH IN CONTRACTUAL PERFORMANCE: RECENT DEVELOPMENTS

Authors

  • SHANNON KATHLEEN O'BYRNE

Abstract

This paper considers recent case law on the obligation of contractual parties to perform in good faith and in particular, seeks to determine whether a good faith obligation is imposed by operation of law or merely as a matter of interpretation . The paper also identifies some of the more common scenarios in which a good faith standard is applied by the courts and addresses the matter of contracting out of the obligation to perform in good faith.

Keywords:

Contract Law

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Published

1995-03-01

Issue

Section

Legal Commentary