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In Bhasin v Hrynew,1 a unanimous Supreme Court of Canada recognized that good faith contractual performance is a general organizing principle of Canadian common law, and that parties to a contract are under a duty to act honestly in the performance of their contractual obligations.
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract.
English law does not currently recognise a universal implied duty on contracting parties to perform their obligations in good faith. This differs from the position.
Good faith in the execution of the contract is classically defined as the expression of the duty of loyalty by each co-contractor so as not to offend the confidence
obligation to act in good faith when making and performing contracts. The absence of a general, overriding duty to act in good faith does not however, mean
7 Aug 2016 Raymond Kisswany, Associate in our Maritime, Transport & Trade team, discusses how might a UAE court interpretate the duty of good faith in
Good faith as a concept is difficult to define. The authors briefly review the development of the concept of good faith as seen in Canadian contract law with some
Good faith is required in a wide range of situations, including contracts and business dealings, as well as during mediation, arbitration or settlement negotiations
28 Jun 2017 5 Opponents of the good faith doctrine have cited the uncertainty over . [4] Robert S. Summers, “Good Faith in General Contract Law and the
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