‘Good faith’ revisited
By Paul Scott
Historically, the English courts have been reluctant to recognise a general doctrine of ‘good faith’ in the performance of contractual obligations, and there is no generally applicable legal definition of the concept.
An obligation to ‘act in good faith’ is an express obligation placed upon all contracting parties in many jurisdictions based on civil codes, and a ‘duty of good faith’ is implied into various categories of contract at English law as appropriate (for example partnership, agency and insurance contracts, and other contracts that involve fiduciary obligations), and a number of standard forms of construction and engineering contract include obligations that might be characterised by some as ‘good faith’-type obligations (for example core clause 10.1 of the NEC3 contract and various forms of ‘partnering’ contract). However, historically, there has been no pervasive concept of ‘good faith’ that applies generally to contracts governed by English law…
Click on the link below to read the rest of the Shoosmiths briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
Changes have the potential to affect how developments moderate their impact through the use of Section 106 obligations.
This is the last of three articles discussing changes in the law applying to the termination of assured shorthold tenancies (ASTs).
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…