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Good Faith: Helping Commercial Parties Or Creating An Unnecessary Burden?, Ee-Ing Ong
Good Faith: Helping Commercial Parties Or Creating An Unnecessary Burden?, Ee-Ing Ong
Research Collection Yong Pung How School Of Law
One of the challenges facing Asian legal systems in the coming years is whether the courts should impose a general duty of good faith in contracts. The doctrine of good faith has been making inroads in various common law jurisdictions, most recently in Canada where the Supreme Court held in Bhasin v. Hrynew, 2014 SCC 71 that there was a duty of honest performance in all contracts. The idea behind imposing a duty of good faith in all contracts is to ensure that parties essentially “play fair” in contract negotiations and/or performance. However, is such a duty really necessary for …