Chapter

Good Faith in the Performance of a Contract in English Law

Ewan McKendrick

in Comparative Contract Law

Published in print December 2015 | ISBN: 9780198728733
Published online January 2016 | e-ISBN: 9780191795480 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198728733.003.0022
Good Faith in the Performance of a Contract in English Law

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This chapter examines the role of good faith in the performance of a contract in English law. It provides an exhaustive review of the judgment of the English High Court in Yam Seng Pte Ltd v International Trade Corporation Ltd, in which the court recognized an ‘implied-in-fact’ duty of good faith, but did not go further in recognizing a general implied duty of good faith in all contracts. He also explores the court’s overview of the experience of other legal systems—civilian, common law, and mixed legal systems—in implementing a general duty of good faith, including the United States and European and Commonwealth countries.

Keywords: contract law; good faith; Yam Seng; contractual performance; good faith performance

Chapter.  9540 words. 

Subjects: Comparative Law ; Civil Law

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