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.