Tag Archives: good faith

ILN Today Post

In good faith: fair or foul?

And so ends a Rugby World Cup of highs and lows and bitter disappointments for the home nations. As the “sport played by gentlemen”, the concept of “playing fair” is well ingrained in the rugby tradition (or is meant to be by all accounts).  However, does a similar concept apply in English contract law?

Traditionally, there is no general doctrine or duty of good faith which applies to the parties’ performance of their contractual obligations. In this respect, it differs from other legal systems in both civil and common law.  In particular, a duty of good faith is incorporated in the US Uniform Commercial Code and in respect of the commercial code found in many civil law jurisdictions.

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