The Principle of Good Faith in Contractual Performance: A Scottish-Canadian Comparison

The Edinburgh Law Review 23.3 (2019): 301-331

30 Pages Posted: 15 Dec 2019

See all articles by Hector Lewis MacQueen

Hector Lewis MacQueen

University of Edinburgh - School of Law

Shannon O'Byrne

University of Alberta - Faculty of Law

Date Written: October 08, 2018

Abstract

The Supreme Court of Canada’s decision in Bhasin v Hrynew was ground-breaking for its acknowledgement of good faith as a general organising principle of contractual performance in common law Canada. Its other important contribution was to recognize a new duty of honesty in contractual performance such that parties must not lie or knowingly mislead the other party about matters directly linked to contractual performance. This article outlines the scope of the good faith principle and concludes that adoption by Scottish courts of a similar principle would be helpful, particularly as it relates to the exercise of contractual discretions and contractual remedies.

Keywords: Good faith and contracts Canada and Scotland

Suggested Citation

MacQueen, Hector Lewis and O'Byrne, Shannon, The Principle of Good Faith in Contractual Performance: A Scottish-Canadian Comparison (October 08, 2018). The Edinburgh Law Review 23.3 (2019): 301-331, Available at SSRN: https://ssrn.com/abstract=3502451 or http://dx.doi.org/10.2139/ssrn.3502451

Hector Lewis MacQueen

University of Edinburgh - School of Law ( email )

Edinburgh EH8 9YL
United Kingdom
+44 131-650-2060 (Phone)
+44 131-662-4902 (Fax)

Shannon O'Byrne (Contact Author)

University of Alberta - Faculty of Law ( email )

Law Centre (111 - 89 Ave)
Edmonton, Alberta T6G 2H5
Canada

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