A Comparison of ‘Doctrine of Good Faith’ Under UNIDROIT PICC and the Indian Contract Act 1872

7 Pages Posted: 5 Jun 2019

See all articles by Arpit Vihan

Arpit Vihan

Dr Ram Manohar Lohiya National Law University; O. P. Jindal Global University - Jindal Global Law School (JGLS)

Date Written: May 16, 2019

Abstract

The concept of ‘good faith and fair dealing’ is one of the fundamental principles of contract law but its relevance under the UNIDROIT Principle of International Commercial Contract (PICC) and the Indian Contract Act, 1872 differs in several aspects. Another issue relating to this doctrine is related to the importance of the provisions which expressly mention Good Faith under PICC and Indian Contract Act, 1872, as mere mentioning of good faith does not make the concept of good faith and fair dealing a mandate. The ambit provided to good faith under PICC is twofold. It is broad with respect to the mandate and obligation it is providing and restrictive in terms of the jurisdiction. Another question that may arise is whether the UNIDROIT PICC is complete and could it serve as a model that countries like India may follow. Can we say that the concept of Good faith could have found an important place in Sec. 14 of the Indian Contract Act, which defines ‘free consent.’ India is a common law country hence a look at how the English legal system deals with the doctrine of Good Faith is also required.

Keywords: Good faith, Fair Dealing, UNIDROIT PICC, Indan Contract Act 1872

Suggested Citation

Vihan, Arpit, A Comparison of ‘Doctrine of Good Faith’ Under UNIDROIT PICC and the Indian Contract Act 1872 (May 16, 2019). Available at SSRN: https://ssrn.com/abstract=3389216 or http://dx.doi.org/10.2139/ssrn.3389216

Arpit Vihan (Contact Author)

Dr Ram Manohar Lohiya National Law University ( email )

Sec- D1, LDA Colony
Kanpur Road Scheme
Lucknow, Uttar Pradesh 226012
India

O. P. Jindal Global University - Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

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