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Does Good Faith Have Any Role in Construction Contracts?

Paper number

Sir Rupert Jackson

January 2018

Pinsent Masons Lecture presented in Hong Kong on 22nd November 2017, 
re-presented to the Society of Construction Law at a meeting in London on 6th March 2018

The paper considers the origins of 'good faith' in Roman and civil law, examines its more limited role in the common law jurisdictions, looks at what (if anything) a contractual obligation of good faith actually means, and concludes by focusing on the exiguous role of good faith in construction contracts.

1. Introduction - 2. Roman and civil law - 3. Common law jurisdictions - (i) England - (ii) Australia - (iii) Singapore - (iv) Canada - (v) Hong Kong - 4. What does good faith actually mean in the common law context? - 5. Chinese law - 6. Construction contracts.

The author: Sir Rupert Jackson is a member of the Court of Appeal of England and Wales and President of the Society of Construction Law.

Text: 17 pages