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William & Mary Law R eview Volume 35 | Issue 4 Article 8 Good Faith in Articles 1 and 2 of the U.C.C.: The Practice View Steven J. Burton Repository Citation Steven J. Burton, Good Faith in Articles 1 and 2 of the U.C.C.: The Practice View, 35 Wm. & Mary L . Rev. 1533 (1994), ttp://scholarship.law.wm.edu/wmlr/vol35/iss4/8 Copyrig t c 1994 by the authors. This article is broug t to you by the William & Mary Law School Scholarship Repository. ttp://scholarship.law.wm.edu/wmlr GOOD FAITH IN ARTICLES 1 AND 2 OF THE U.C.C.: THE PRACTICE VIEW STEVEN J. BURTON* I. INTRODUCTION The Uniform Commercial Code is a remarkably successful achievement, both for its innovations in contract and commercial law and for its near-uniform acceptance in the United States. Not the least of its achievements is the institution of a Perma- nent Editorial Board that monitors its operation, issues com- mentaries, and proposes revisions from time to time. Articles 1 and 2 currently are under revision. No one doubts that these articles have flaws, some of which glare in the light of four de- cades of experience. The present statutory articulation of good faith in the performance and enforcement of contracts is among the significant flaws.1 The drafters of the U.C.C. did not think they were doing any- 2 thing novel by codifying requirements of good faith. Judicial practice over the years generally has favored the drafters' under- * William G. Ha