The duty of good faith in common law; a new view on contemporary contract law

Murshamshul Kamariah, M. and Nurhidayah, A. and Hanafi, H. (2016) The duty of good faith in common law; a new view on contemporary contract law. In: 5th International Seminar on Law & Society, 18-19 Apr 2016, Pattani, Thailand..

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Abstract

The concept of good faith encompasses the theme that all parties to a contract owe a duty to each other beyond those expressly provided by the terms of the contract. This is a popular concept in civil law countries whereby good faith is clearly included in the civil law codes. However, good faith has apparently been gaining recognition in common law countries as well. Common law judges and scholars are divided concerning the desirability of qualifying the concept of good faith into Contract law. The objective of the paper is to analyse common law judges and scholars‘ perspectives on the application and interpretation of good faith. This paper is mainly a library based research which uses a qualitative approach to the analysis. The findings show that good faith is a well-accepted concept in common law which benefits contracting parties.

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