header-logo header-logo

28 February 2025 / Charles Wynn-Evans
Issue: 8106 / Categories: Features , Contract
printer mail-detail

Book review: Good Faith in Contract Law

"This work more than fulfils its stated objective of seeking to be of use both to practitioners and academics alike"
  • Author: Christina Perry
  • Publisher: Edward Elgar Publishing
  • ISBN: 978-1-80392-965-1
  • RRP: £155

In contrast to various other legal systems, the contract law of England and Wales has traditionally rejected the imposition on contractual parties of a general duty of good faith, and has addressed potentially problematic conduct by the contractual parties by way of specific legal techniques such as misrepresentation, duress, and the implication of terms (whether in law or in fact). As Lord Justice Bingham put it in Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1987] EWCA Civ 6, the approach of English law has been to develop ‘piecemeal solutions in response to demonstrated problems of unfairness’.

The approach adopted in domestic contract law has, however, changed significantly over the past few years following the decision in Yam Seng Pte Ltd v International Trade Corporation Ltd [2013] EWHC 111 (QB), in which

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll