All Articles tagged bhasin

• Articles
  August 01, 2019 EDT
  Good Faith in Contract: A Judicial Dialogue Between Common Law Canada and Québec
  Rosalie Jukier

  This paper explores the jurisprudential conversation of the concept of good faith in contract taking place between common law Canada and the civilian law of Québec.

  Abstract
• Articles
  August 01, 2019 EDT
  Bhasin v Hrynew: Why a General Duty of Good Faith Would Be Out of Place in English Canadian Contract Law
  Catherine Valcke

  A general doctrine of good faith is unnecessary because its domain of application is already satisfactorily covered by such pillar English doctrines as estoppel and implied terms.

  Abstract
• Articles
  July 07, 2019 EDT
  The Trouble with Tort: Why Deception in Bhasin Cannot Presently Be Deceit
  Krish Maharaj

  It is possible to address “wrongs” like that in _Bhasin_ in tort, but we must reconceptualize damage to embrace invasions of interests that go beyond the contravention of express rights.

  Abstract
• Articles
  May 31, 2019 EDT
  The Good Faith Challenge
  John Enman-Beech

  Good faith poses a challenge which is met by three strategies: avoidance, containment, and embrace. This article investigates the three strategies and evaluates their role in Canadian and Commonwealth law.

  Abstract
• Articles
  May 30, 2019 EDT
  The Basis of Contractual Duties of Good Faith
  Paul S. Davies

  This article considers the basis of duties of good faith where not expressly provided for by the parties. It analyses the different approaches adopted in Canada and England and Wales.

  Abstract
• Articles
  May 03, 2019 EDT
  Good Faith and Termination: The English and Australian Experience
  Wayne Courtney

  Starting with Bhasin v Hrynew, this article considers how the concept of ‘good faith’ may control the exercise of a right to terminate, or not to renew, a contract.

  Abstract
• Articles
  May 03, 2019 EDT
  To Recognize or Not? Good Faith Under Nigerian Law of Contract
  Olabisi D. Akinkugbe

  This paper examines how the Nigerian courts have operationalized the common law of good faith in the performance of contracts

  Abstract
• Articles
  May 02, 2019 EDT
  Good Faith in Contracts: Australia at the Crossroads
  Jessica Viven-Wilksch

  This article will present the current state of good faith in Australian contract law through the different recognitions of the concept in legislation and case law.

  Abstract