Courts sometimes imply terms, and even imply a term into every contract that the parties will act in good faith in the performance and enforcement of their contracts. What are the potential risks and problems with giving courts authority to imply a duty to act in good faith into a contractual obligation?

Discussion question

Your reading this Module: Week revealed that the law does not limit the terms of the contract to the words the parties use to describe their exchanged promises. Courts sometimes imply terms, and even imply a term into every contract that the parties will act in good faith in the performance and enforcement of their contracts. What are the potential risks and problems with giving courts authority to imply a duty to act in good faith into a contractual obligation? Does the Bible provide guidance for the moral value of implying good faith into a promise or limiting parties’ promissory obligations to their words of promise, and nothing more?