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Part II Related Doctrines, 11 New Horizons: Good Faith, Contractual Discretions, and Human Rights

From: McMeel on The Construction of Contracts (3rd Edition)

Gerard McMeel

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 05 December 2022

Subject(s):
Breach of contract — Construction of contract — Interpretation of contract — Performance of contract

This chapter explores the roles of good faith, contractual discretions, and human rights in either the negotiation or performance of contracts. It first revisits the orthodox position is that English law does not recognize any over-arching obligation to act in good faith, before providing some examples of statutory interventions as well as common law principles. The chapter then turns to the problem of contractual discretions and provides some analogies with public law. Finally, the chapter turns to the subject of human rights, wherein it discusses the relevant provisions as stated in the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’)—Article 6 and Article 1 of Protocol 1. To conclude, the chapter examines a human rights case in Khan v Khan, in the context of an alleged compromise arising out of a family partnership in the Muslim community.

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