The English courts remain hostile to a general doctrine of good faith in contract law. However, in recent years judges have become increasingly willing to enforce express terms of good faith in limited circumstances. They will also more readily imply terms requiring contractual performance in good faith into certain relational contracts and situations involving the exercise of contractual discretions.
In this 44-minute video, David Pliener and Sri Carmichael discuss the application and content of a duty of good faith in commercial contracts.
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