Good faith: Difference between revisions

Good faith (view source)

1,023 bytes added , 4 April 2019

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-#REDIRECT [[Commercially reasonable manner]]
+Actually, an American concept, articulated by the New York Court of Appeals as long ago as 1933<ref>''Kirke La Shelle Company v. The Paul Armstrong Company'' [https://en.m.wikipedia.org/wiki/Good_faith_(law) wikipedia]</ref> as follows:
+:In every {{tag|contract}} there is an [[Implied term|implied]] covenant that neither party shall do anything, which will have the effect of destroying or injuring the right of the other party, to receive the [[fruits of the contract]]. In other words, every contract has an implied covenant of [[good faith]] and [[fair dealing]].
+There is a similar provision in English law - [[utmost good faith]] or ''[[uberrima fides]]'' but it is not a general presumption of contract law, but only arises in certain special categories of contract (specifically [[insurance contract]]s and [[employment contract]]s).
+So: in the US it comes with the set; in English law (outside Insurance and Employment) you need to negotiate it in.
+===What is it?===
+===Is it different to reasonable?===
+{{seealso}}
+*[[Commercially reasonably manner]]