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

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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In this week’s NLJ, Fred Philpott, Gough Square Chambers, invites us to imagine there was no statutory limitation. What would that world be like?
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