ABSTRACT

Good faith is an important part of every contractual relationship. The burdens imposed on the parties to be concerned with good faith vary according to the nature of the contract, especially if the contract is one of uberrima fides. The fact remains that good faith has been recognised by the law and has received statutory backing, together with the further duty of reasonable disclosure. The duty of good faith has found expression in many policies, receiving direct contractual force and the explicit consent of the assured and insurer. It should be noted that one of the features of any cause of action that is predicated on a lack of the utmost good faith is that the victim has been drawn into a course of conduct. Good faith appears to contemplate a measure of co-operation during the performance of the contract of insurance, other than in the context of claims.