The Growing Uncertainty about Good Faith in American Contract Law

Publication Type

Journal Article

Publication Date

2004

Abstract

The article covers: Consideration of development of case law in US concerning doctrine of good faith. Contention that since early 1990's concept has become uncertain in US courts. Assessment that two divisions apparent in case law: neoformist camp supporting strict application of contract language; and contextualist camp where courts construe concept of good faith with substantive content.

Keywords

Contract, Construction of contracts, Doctrine of good faith

Discipline

Commercial Law | Contracts

Publication

Journal of Contract Law

Volume

20

Issue

1

First Page

50

Last Page

56

ISSN

1030-7230

Publisher

Butterworths

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