A growing good faith in contracts

Tarr, Julie-Anne (2015) A growing good faith in contracts. Journal of Business Law, 2015(5), pp. 410-415.

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Abstract

The Supreme Court of Canada's ruling in Bhasin v Hrynew represents a significant step forward in harmonising the multiple strands of debate surrounding the existence of a good faith provision in common law contracting. Although a general principle of good faith (derived from Roman Law) is recognized by most civil law systems and a growing number of common law countries have embraced statutory provisions towards this end, Bhasin v Hrynew is argued to be a critical advance in catalysing uniform acceptance of good faith as a fundamental principle essential to support an increasingly integrated global commercial environment.

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ID Code: 90017
Item Type: Journal Article
Refereed: Yes
Keywords: good faith contract, Bhasin Hrynew, evolving duty of good faith, good faith obligation, common law good faith
ISSN: 0021 9460
Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > ACCOUNTING AUDITING AND ACCOUNTABILITY (150100)
Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > BANKING FINANCE AND INVESTMENT (150200) > Insurance Studies (150204)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Copyright Owner: Sweet & Maxwell
Deposited On: 05 Nov 2015 04:34
Last Modified: 16 Mar 2016 03:58

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