Tuesday, October 8, 2019

Gray on "Good Faith--The Incomplete Legal Transplant"

USQ School of Law and Justice Professor Anthony Gray has published a chapter in an edited collection.  The essay is titled "Good Faith--The Incomplete Legal Transplant" and appears in Dr. Vito Breda's book Legal Transplants in East Asia and Oceania.  Here is a summary of the chapter from the publisher's website:

This chapter will consider a legal transplant that is potentially still occurring – the broad recognition of notions of ‘good faith’ in relation to contracts. Whilst notions of good faith surround early conceptions of contractual relations, as will be seen, the common law, whilst initially apparently accepting good faith as part of the law of contract, set its face against such a doctrine, except in relation to insurance contracts. That resistance had been stoic for many years, until finally in recent years, the United Kingdom Supreme Court accepted the doctrine as a principle applicable to contracts, at least to some extent. In so doing, it followed in the footsteps of the Canadian Supreme Court, which finally recognized a general doctrine of good faith earlier in the same year. The doctrine is broadly recognized in the United States.

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