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.
Accepted author manuscript, 134 KB, PDF document
Available under license: CC BY-NC: Creative Commons Attribution-NonCommercial 4.0 International License
Final published version
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
TY - JOUR
T1 - Good faith and the ubiquity of the “relational” contract
AU - Campbell, David
N1 - 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.
PY - 2014/5
Y1 - 2014/5
N2 - 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.
AB - 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.
U2 - 10.1111/1468-2230.12075
DO - 10.1111/1468-2230.12075
M3 - Journal article
VL - 77
SP - 475
EP - 492
JO - Modern Law Review
JF - Modern Law Review
SN - 0026-7961
IS - 3
ER -