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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll