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.

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Answered by Susannah H. Law tutor

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