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  • Good_Faith_and_the_Ubiquity_of_the_Relational_Contract

    Rights statement: 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.

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Good faith and the ubiquity of the “relational” contract

Research output: Contribution to journalJournal article

Published
<mark>Journal publication date</mark>05/2014
<mark>Journal</mark>Modern Law Review
Issue number3
Volume77
Number of pages18
Pages (from-to)475-492
Publication statusPublished
Original languageEnglish

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.

Bibliographic note

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.