Transcription of Good Faith in English Contract Law - Guildhall Chambers
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GOOD Faith IN English Contract LAW. Introduction Many foreign jurisdictions of both civil and common law traditions have long recognised an obligation to act in good Faith when making and performing contracts. Historically, this was not an approach recognised by the English courts. Rather, English law was said to have "committed itself to overriding principle [of good Faith ] but has developed piecemeal solutions in response to 1. demonstrated problems of unfairness". The absence of a general, overriding duty to act in good Faith does not however, mean that this is not an issue with which English courts have had to grapple.
In Fujitsu Services Ltd v IBM United Kingdom Ltd,29 a clause in a sub-contract stated that IBM ... English law had reached the stage, where it was ready to recognise a requirement of good faith as a duty implied by law into all commercial contracts. However, that observation was qualified by the following: ...
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