CHAN 

Wei Jian

Wei Jian graduated from the University of Oxford, with a BA in Jurisprudence in 2015, and a Bachelors of Civil Law (BCL) in 2016.
From September 2016, Wei Jian will be reading for the Bar Professional Training Course in London. Thereafter, he will be undertaking pupillage at Essex Court Chambers.
Wei Jian’s research interests lie primarily in the fields of commercial and insolvency law. He takes a keen interest in potential reforms to English secured transactions law. He is currently assisting Prof Louise Gullifer with updates to the 6th edition of Goode on Legal Problems of Credit and Security, as well as Prof Hugh Beale with updates to the 3rd edition of The Law of Security and Title-Based Financing.

Good Faith and the Law of Guarantee
This paper examines the relationship between the equitable protections enjoyed by guarantors, and the doctrine of good faith. It argues that the protections given to guarantors-including the prohibition on bad faith conduct, disclosure obligations, and the release of the guarantor under certain circumstances-effectively compel the creditor to have the interests of the guarantor at heart. Accordingly, these protections closely resemble an implied term that the creditor act in good faith. Further, certain obiter statements support this view. Analysing the good faith requirement as an implied term avoids the unattractive notion that the equitable protections are simply a result of judicial rewriting of bargains. The good faith-based analysis has further benefits in terms of providing a more coherent distinction between guarantees and indemnities, dealing with gaps in the law, and urging a reconsideration of the traditional reluctance to recognise good faith obligations.