Accountability for good faith in commercial dealing: The Carter v Boehm legacy 250 years on

Tarr, Julie-Anne & Van Akkeren, Jeanette (2016) Accountability for good faith in commercial dealing: The Carter v Boehm legacy 250 years on. Insurance Law Journal, 27(3), pp. 275-293.

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Abstract

In common law jurisdictions such as England, Australia, Canada and New Zealand good faith in contracting has long been recognised in specific areas of the law such as insurance law and franchising, and more recently the implied duties of good faith and mutual trust and convenience in employment contracts have generated a considerable volume of case law. Outside of these areas of law that may be characterised as being strongly‘relational’ in character,the courts in common law jurisdictions have been reluctant to embrace a more universal application of good faith in contracting and performance. However increasingly there are cases which support the proposition that there is a common law duty of good faith of general application to all commercial contracts. Most important in this context is the recent decision of the Supreme Court of Canada in Bhasin v Hrynew.1 However, this matter is by no means resolved in all common law jurisdictions. This article looks at the recent case law and literature and at various legislative incursions including statutes, codes of conduct and regulations impacting good faith in commercial dealings.

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ID Code: 95244
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: accountability, good faith, commercial dealing, contract accountability
ISSN: 0020-4722
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2016 LexisNexis Butterworths
Deposited On: 28 Apr 2016 23:03
Last Modified: 03 Jun 2016 17:27

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