Open AccessThe Contractual Principle of Good Faith and the Duty of Honesty in Bhasin v. Hrynew
Author(s) -
Shan O'Byrne,
Ronnie Cohen
Publication year - 2015
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr279
Subject(s) - honesty , duty , good faith , faith , law , supreme court , fair dealing , uniform commercial code , law and economics , political science , sociology , philosophy , theology
This article explores the Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew. This includes an assessment of the new duty of honesty in contractual performance and the newly identified organizing principle of good faith. The authors also discuss contracting out of the duty of honesty — which Bhasin itself raises as a possibility — by assessing both Canadian and American law on point, including the Uniform Commercial Code. The article concludes that Bhasin’s largest and most lasting contribution is likely in how it expressly legitimates and defends the role of good faith in the common law of contract.