CCTL Obligations Lab Asia Seminar - 'Good Faith and Relational Contracts: Theory, Practice and Future Developments' by Prof. Anthony Gray (Online)

The common law world continues to grapple with the possible use of a good faith doctrine in the contractual context. While it has been accepted in Canada, and has been part of American commercial law for many years, there is limited and tentative support in the United Kingdom and Australia. This presentation argues that good faith has a lengthy tradition in the common law, such that ‘hostility’ (as one judge aptly put it) towards the concept in the common law is misplaced. Many current doctrines in the common law reflect an underlying concern with behaviour that would likely breach a good faith requirement. As others have pointed out, the common law response to these types of issues is piecemeal and somewhat unsatisfactory. This presentation argues the traditional common law reluctance here is misplaced. A relational view of contract would provide intellectual support for a nuanced change in the law to recognise good faith as a general organising principle of the common law. The presentation will consider some specific legal issues that would benefit from a good faith approach. The presentation is based on the speaker’s forthcoming monograph Good Faith and Relational Contracts: Theory, Practice and Future Developments (Hart Publishing, 2024).
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