Doctrine of Good Faith

Is the ancient doctrine that every officer of the law hold office by virtue of the continued validity of their sacred Oath to uphold the law.
When a Magistrate is unable or refuses to provide his Oath of Office, to uphold the law, one must question if it is a court of law.

Doctrine of good faith is a Common law principle evolved in the mid nineteenth century in the United States. Uberrimae fidei is a Latin term meaning “of utmost good faith” and this doctrine provides minimum legal obligation. This doctrine speaks about the act done with utmost care, honesty and good faith. A contract is described as a legal agreement between two parties comprising of an offer and acceptance accompanied with a valid consideration. Under this doctrine, the parties must be transparent to one another in exchanging information. Although the doctrine of good faith is nowhere mentioned in the Indian Contracts Act of 1872, almost all legal agreements cover this doctrine implicitly. In the United Kingdoms’ Sale of Goods Act, 1979 defines good faith as a thing which is deemed to be done in good faith when it is done honestly, whether it is done negligently or not.

This doctrine of good faith is termed as a principle of fairness under the U.S. Constitution. An Uberrimae fidei contract can be legally enforceable and it is considered to be a valid agreement. It is by the law of obligation each party possess a personal duty to disclose the required information. This doctrine creates an express obligation on the parties to disclose all the necessary information required for a contract. It is the duty of the contracting parties not to hide any material facts relating to the contract. Material fact involves the subject matter of the contract. Any violation in doctrine of good faith makes the contract void. This doctrine can be invoked if it involves acts on the ground of fraud, misrepresentation and concealment of facts.

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