Document Type

Article

Publication Date

5-3-2019

Keywords

Organizing principle, Good faith, Bhasin v Hrynew, Contract, Nigeria, Bad faith

Abstract

Unlike jurisdictions such as Canada and the United Kingdom, Nigerian courts have not engaged with the doctrine of good faith. On the contrary, there is a dearth of academic scholarship that examines this aspect of the Nigerian law of contract. This paper examines how the Nigerian courts have operationalized the common law of good faith in the performance of contracts. Rather than suggest that good faith as “an organizing principle” has an internally consistent meaning by which we can transplant the doctrine from one jurisdiction to another, or even apply the so-called duty of honest performance as enunciated by the Supreme Court of Canada. The author contends that there is an inherent value for the Nigerian courts to carry on with the piecemeal/traditional approach in the application of the doctrine of good faith.

Comments

This article was published in Journal of Commonwealth Law. The final authenticated version is available online at: https://www.journalofcommonwealthlaw.org/article/7443.

Publication Abbreviation

J Commonwealth L

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