The issue of good faith can apply to both pre-contractual negotiations and negotiations undertaken in the performance of the contract. Similar issues arise when discussing the requirement of good faith negotiation at a precontractual stage. While these circumstances are different in nature, this article will not seek to distinguish between pre- and post-contractual good faith.
This article will firstly explore the controversy generated by the notion of good faith negotiation, then deal with defining good faith, and finally address the issue of whether good faith is a requirement of negotiation.
"Requiring good faith negotiation,"
ADR Bulletin: Vol. 1
, Article 1.
Available at: http://epublications.bond.edu.au/adr/vol1/iss3/1