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5 - The Incomplete Legal Transplant – Good Faith and the Common Law

from Part II

Published online by Cambridge University Press:  18 June 2019

By
Anthony Gray
Edited by
Vito Breda
Vito Breda
Affiliation:
University of Southern Queensland
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Summary

This chapter will consider a legal transplant that is potentially still occurring – the broad recognition of notions of ‘good faith’ in relation to contracts. Whilst notions of good faith surround early conceptions of contractual relations, as will be seen, the common law, whilst initially apparently accepting good faith as part of the law of contract, set its face against such a doctrine, except in relation to insurance contracts. That resistance had been stoic for many years, until finally in recent years, the United Kingdom Supreme Court accepted the doctrine as a principle applicable to contracts, at least to some extent. In so doing, it followed in the footsteps of the Canadian Supreme Court, which finally recognized a general doctrine of good faith earlier in the same year. The doctrine is broadly recognized in the United States.

Type
Chapter
Information
Legal Transplants in East Asia and Oceania , pp. 111 - 131
Publisher: Cambridge University Press
Print publication year: 2019

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References

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