
Published online:
21 January 2016
Published in print:
01 December 2015
Online ISBN:
9780191795480
Print ISBN:
9780198728733
Contents
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Introduction Introduction
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Yam Seng Pte Ltd v International Trade Corporation Ltd Yam Seng Pte Ltd v International Trade Corporation Ltd
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The facts The facts
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The basis for the implication of a good faith term The basis for the implication of a good faith term
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The influence of comparative law The influence of comparative law
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Recognizing the current role of good faith in English contract law Recognizing the current role of good faith in English contract law
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The arguments against the duty are overstated The arguments against the duty are overstated
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The scope and the content of the duty The scope and the content of the duty
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The reaction to Yam Seng The reaction to Yam Seng
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The future The future
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Chapter
10 Good Faith in the Performance of a Contract in English Law
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Pages
196–209
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Published:December 2015
Cite
McKendrick, Ewan, 'Good Faith in the Performance of a Contract in English Law', in Larry DiMatteo, and Martin Hogg (eds), Comparative Contract Law: British and American Perspectives (Oxford , 2015; online edn, Oxford Academic, 21 Jan. 2016), https://doi.org/10.1093/acprof:oso/9780198728733.003.0022, accessed 3 May 2025.
Abstract
This chapter examines the role of good faith in the performance of a contract in English law. It provides an exhaustive review of the judgment of the English High Court in Yam Seng Pte Ltd v International Trade Corporation Ltd, in which the court recognized an ‘implied-in-fact’ duty of good faith, but did not go further in recognizing a general implied duty of good faith in all contracts. He also explores the court’s overview of the experience of other legal systems—civilian, common law, and mixed legal systems—in implementing a general duty of good faith, including the United States and European and Commonwealth countries.
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