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The role of good faith in relational contracts in common law countries
Abstract.The subject of this research is the role of good faith in relational contracts and the key aspects of the theory of relation contracts adopted in common law countries. The research relies on the case law of England, United States, Canada, Australia and New Zealand. On the example of case law, the author attempts to elucidate the content of requirements of good faith in relational contracts, as well as bring forth a hypothesis of recognition of requirements of good faith conduct as an implied obligation for relational contracts. Moreover, this work demonstrates court rulings of English courts rejecting the connection with requirement of good faith in relational contracts and expresses the opinion that the process of search for place and role of requirements of good faith conduct in relational contracts is still ongoing. The main conclusion of the conducted research is the determination of the role and content of good faith in relational contracts, as well as description of the key concepts of the theory of relational contracts. The author presents demonstrative examples of court rulings of the common law countries, which establish a connection between good faith and relational contract, and set requirements for good faith conduct as an implied condition for long-term relational contracts.
Keywords: Canada, USA, England, precedent, law, relational, contract, good faith, New Zealand, Australia
Article was received:17-01-2019
This article written in Russian. You can find full text of article in Russian here .