Does your contract really need a duty of good faith?

By Jon Olson-Welsh and Tamsin Travers 2019-10-28T10:39:00

Take this test and find out…

Good faith is what you want to see in your dealings, but is it actually a legal obligation implied in your contract? Six years ago, a case about deodorants ignited a debate on good faith that is still burning. Other countries’ legal systems, both civil law and common law, have a general duty of good faith, so why not English law? Or does it, perhaps, achieve similar results in a different way?

Try this simple test to see if you can spot, in this variety of scenarios, when English contract law might need to think about implying a duty of good faith.

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