Good faith and the ubiquity of the “relational” contract

Campbell, David (2014) Good faith and the ubiquity of the “relational” contract. Modern Law Review, 77 (3). pp. 475-492. ISSN 0026-7961

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Abstract

The judgment of Leggatt J in Yam Seng Pte Ltd v International Trade Corporation Ltd shows the common belief that the English law of contract does not have a doctrine of good faith to be mistaken. That law does not have a general principle of good faith, but its doctrine of good faith, articulated through numerous specific duties, is more suitable for the interpretation of contracts according to the intentions of the parties than a general principle which invites the imposition of exogenous standards. That Yam Seng involved a relational contract does not mean that paternalistic exogenous standards should be imposed. It means that the good faith obligations essential even to a commercial contract of this sort must be implied in order to give efficacy to the fundamentally co-operative contractual relationship.

Item Type:
Journal Article
Journal or Publication Title:
Modern Law Review
Additional Information:
This is the peer reviewed version of the following article: Campbell, D. (2014), Good Faith and the Ubiquity of the ‘Relational’ Contract. The Modern Law Review, 77: 475–492. doi: 10.1111/1468-2230.12075 which has been published in final form at http://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12075/abstract This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.
Uncontrolled Keywords:
/dk/atira/pure/subjectarea/asjc/2700
Subjects:
ID Code:
72469
Deposited By:
Deposited On:
22 Jan 2015 10:14
Refereed?:
Yes
Published?:
Published
Last Modified:
11 Jul 2020 05:04