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Comparative Contract LawBritish and American Perspectives$
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Larry DiMatteo and Martin Hogg

Print publication date: 2015

Print ISBN-13: 9780198728733

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198728733.001.0001

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Good Faith in the Performance of a Contract in English Law

Good Faith in the Performance of a Contract in English Law

Chapter:
(p.196) 10 Good Faith in the Performance of a Contract in English Law
Source:
Comparative Contract Law
Author(s):

Ewan McKendrick

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198728733.003.0022

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

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