The English law of contract is well known for not having a general duty of good faith and the approach to dealing with good faith situations in case law has been piecemeal, in line with the general development of common law. One of the main reasons advanced for this is the uncertainty which would arise if a general duty of good faith was imported into contracts generally.
However, recent case law has reignited the debate over whether or not English law recognises a general duty of good faith in commercial contracts.
Gordon Drakes, Senior Associate, Franchising Team, Field Fisher Waterhouse LLP
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