The existence of an implied duty of good faith was recognized in 2014 by both the Supreme Court of the United Kingdom and the Supreme Court of Canada. C Implied duty of good faith as an extension of the duty to cooperateIn the recent High Court decision in Commonwealth Bank of Australia v Barker, it was accepted that contracting parties have an implied duty to cooperate in the performance of a contract, but not they have an implicit duty of trust and confidence, or an obligation of good faith. The duty of contractual cooperation according to the criterion of necessity has typically been implicit in all contracts as a statutory term. On the other hand, there are conflicting opinions on how to fully integrate the obligation of good faith into the contract
tags