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Good Faith in the Performance of Commercial Contracts Revisited

Ter Kah Leng

(2014) 26 SAcLJ 111

Singapore contract law does not recognise a general doctrine of good faith. Its existence and scope have been a matter of great controversy, igniting a bewildering array of authorities and academic debates throughout the common law world. This paper revisits the controversy and explores the possibility of implying an obligation of good faith into the performance of commercial contracts in the Singapore context, in light of recent significant developments in other common law jurisdictions where the doctrine has attracted recognition.