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The Yam Seng case and its aftermath: Possible directions of good faith in contract law

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dc.contributor.author Lee, Hock Beng
dc.date.accessioned 2017-05-22T22:10:35Z
dc.date.accessioned 2022-07-11T21:26:54Z
dc.date.available 2017-05-22T22:10:35Z
dc.date.available 2022-07-11T21:26:54Z
dc.date.copyright 2016
dc.date.issued 2016
dc.identifier.uri https://ir.wgtn.ac.nz/handle/123456789/20193
dc.description.abstract The purpose of this paper is to consider the influence of the Yam Seng case on the reception of good faith in English contract law. The Yam Seng case is a landmark case because the principle of good faith is considered eminently suitable for implication in the performance of a contract. Whilst the principle of good faith is considered a fundamental principle in the civil law system in Europe, it has not been so accepted in English common law. In the Yam Seng case good faith is fully discussed for the purpose of including it in English contract law. The concluding remark of the Judge is that ‘the traditional English hostility towards a doctrine of good faith in the performance of contracts, to the extent that it still persists, is misplaced.’ The case is considered by Hugh Collins as an overt reference to the notion of good faith and fair dealing as the third ground for implied terms under Article 6:102 of the Principles of European Contract Law (PECL). In other words, the Yam Seng case is relevant in European contract law. The case is also perceived to have established a firmed basis towards reception of good faith; the Chief Justice of Singapore, Sundaresh Menon, CJ who was comparing the Singapore courts response to good faith with the English courts, said that in the light of the Yam Seng case, ‘the English courts seem poised to take on a more absolute position.' en_NZ
dc.format pdf en_NZ
dc.language en_NZ
dc.language.iso en_NZ
dc.publisher Te Herenga Waka—Victoria University of Wellington en_NZ
dc.subject Yam Seng en_NZ
dc.subject Good faith en_NZ
dc.subject Contract law en_NZ
dc.title The Yam Seng case and its aftermath: Possible directions of good faith in contract law en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit Victoria Law School en_NZ
vuwschema.contributor.unit Faculty of Law / Te Kauhanganui Tātai Ture en_NZ
vuwschema.subject.anzsrcfor 189999 Law and Legal Studies not elsewhere classified en_NZ
vuwschema.subject.anzsrcseo 970118 Expanding Knowledge in Law and Legal Studies en_NZ
vuwschema.subject.anzsrctoa 1 Pure Basic Research en_NZ
vuwschema.type.vuw Masters Research Paper or Project en_NZ
thesis.degree.discipline Law en_NZ
thesis.degree.name LL.M. en_NZ
vuwschema.subject.anzsrcforV2 489999 Other law and legal studies not elsewhere classified en_NZ
vuwschema.contributor.school School of Law en_NZ

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