This article posted on our partner site explores the doctrine of good faith and how parties may achieve some measure of certainty as to how it might apply in a legal landscape in which the doctrine is not defined in statute nor applied according to a consistent test in common law. The author suggests expressly setting out the conditions for each party to meet their good faith obligations to ensure that if the parties intended to deal in good faith, the parties have some control over how a court might interpret whether there was a breach.

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