e-ISSN 2231-8542
ISSN 1511-3701

Home / Regular Issue / JTAS Vol. 25 (S) Oct. 2017 / JSSH-S0541-2017


The Duty of Good Faith in Common Law: A New View on Contemporary Contract Law

Abdullah, N., Hanafi, H. and Murshamshul, M. K.

Pertanika Journal of Tropical Agricultural Science, Volume 25, Issue S, October 2017

Keywords: Common law, contract law, good faith

Published on: 16 Apr 2018

The concept of good faith encompasses the notion that all parties to a contract owe a duty to each other beyond those expressly provided by the terms of the contract. Good faith is a popular concept in civil law countries whereby good faith is clearly included in the civil law codes. However, good faith is gaining recognition in common law countries as well. Common law judges and scholars are divided concerning the desirability of qualifying the concept of good faith into Contract law. The objective of this paper is to analyse common law judges and scholars' perspectives on the application and interpretation of good faith. The paper is mainly a library-based research which uses a qualitative approach to analyse data. The findings show good faith had lately influenced common law, therefore, there is a higher chance for good faith to be a recognised and accepted as one of the legal principles of common law.

ISSN 1511-3701

e-ISSN 2231-8542

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