What role does the doctrine of 'good faith' have to play in the English law of contract?

English law is often contrasted with civil law jurisdictions which have an overriding doctrine of good faith, because English law “characteristically, committed itself to no such overriding principle [of good faith]” Bingham, Interphoto Picture Library. However, this doesn't mean that good faith has no role to play in the English law of contract. There are many examples of piecemeal solutions to problems of unfairness; one of the most prominent examples being the Consumer Rights Act 2015 which gives consumers protection against “unfair” terms in consumer contracts. In recent judicial decisions there has also been a movement towards the recognition of a general implied term of good faith in the performance of certain types of contracts e.g employment contracts. Therefore, although we have no overarching general doctrine of good faith that spans all contract law, our piecemeal solutions work to incorporate elements of good faith in specific situations and there is a possibility of the courts expanding this concept in the future.

SH
Answered by Susannah H. Law tutor

2106 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

The law on the non-fatal offences against the person has been subjected to frequent criticism but little reform has been attempted. Evaluate the current law and suggest what reforms may be desirable.


Should the law of murder be reformed within the UK?


[after scenario] What offences could Ken be liable for when looking at his conduct towards Norma?


Explain the meaning of the term ‘mens rea’ in criminal law


We're here to help

contact us iconContact ustelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

MyTutor is part of the IXL family of brands:

© 2026 by IXL Learning