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UID:20250514T154830EDT-8088e1ATXH@132.216.98.100
DTSTAMP:20250514T194830Z
DESCRIPTION:Join us for a talk with Michael Bridge\, Senior Research Fellow
 \, Harris Manchester College\, University of Oxford\, and Emeritus Cassel 
 Professor of Commercial Law at the London School of Economics.\n\nThe issu
 e of good faith in the common law of contract is a matter of lively concer
 n. It appears to be making some headway in common law countries but its pr
 ogress is hard to measure owing to a lack of rigour in explaining its role
  and meaning. Does if amount only to honesty or does it embrace also fair 
 dealing? Does it apply between parties of equal bargaining power? Whatever
  is meaning\, does it apply across the board or is it limited to relationa
 l contracts and fiduciary relations? What is it exactly that advocates of 
 a good faith duty are seeking to change when it comes to outcomes? Or is g
 ood faith not an agent of change but simply a device that helps us better 
 understand our existing law of contract?\n\nIn this presentation\, I shall
  assess whether good faith has an organising role to play in the common la
 w of contract. Is the common law perfectly capable of dealing with problem
 s that in civil law countries might be disposed of under the banner of goo
 d faith by means of techniques of implied terms and rules of interpretatio
 n? In English law\, hard questions are currently being asked about whether
  there should be a general duty of good faith amounting to a term implied 
 in law\, as opposed to a duty that might be inferred as a matter of implie
 d agreement in particular contractual contexts. All of those is taking pla
 ce against the background of a dynamic debate about contractual interpreta
 tion and fidelity to the written word. At the same time\, there is occurri
 ng a development\, with some links to public law doctrines\, that aims at 
 controlling contractual discretionary powers. The key issue here is to det
 ermine whether a contractual provision amounts to an unqualified right or 
 to a discretionary power. Is this good faith via the back door?\n\nFinally
 \, if time allows\, some reference to the role that is played by good fait
 h in international instruments (viz\, the UN Sale Convention and the Unidr
 oit Principles) may be considered. Is good faith here playing a symbolic o
 r a practical role?\n\nOrganized by the Paul-André Crépeau Centre for Priv
 ate and Comparative Law\, with the participation of the Peter M. Laing QC 
 Chair and the Wainwright Chair in Civil Law.\n
DTSTART:20191015T213000Z
DTEND:20191015T230000Z
LOCATION:Stephen Scott Seminar Room (OCDH 16)\, Chancellor Day Hall\, CA\, 
 QC\, Montreal\, H3A 1W9\, 3644 rue Peel
SUMMARY:Good Faith and Contractual Discretion 
URL:/law/channels/event/good-faith-and-contractual-dis
 cretion-301401
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