Speech by Lord Justice Jackson: Does good faith have any role in construction contracts?

|Speeches|Lord Justice Jackson
  1. Introduction

1.1 Scheme of this lecture.  The scheme of this lecture is first to look at the origins of ‘good faith’ in Roman law and civil law; then to examine its more limited role in common law jurisdictions; then to consider what (if anything) a contractual obligation of good faith actually means.  After that, as is only fitting in Hong Kong, I shall look at the expansive role of good faith in Chinese law.  Finally, I shall focus on the exiguous role of good faith in construction contracts.

1.2 Definitions.  This lecture uses the following definitions:
“England” means England and Wales.
“TCC” means the Technology and Construction Court in England.

1.3 Thanks.  I am grateful to Anthony Jones of 4 New Square for the considerable research which he has done to assist my preparation for this lecture.   I am also grateful to Anirudh Mandagere, my judicial assistant in the Court of Appeal, for his assistance.

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