Let’s act in good faith, always – not just during covid

By Tony Bingham2020-06-24T06:00:00

Emergency government guidance on contracts urges us to ‘behave responsibly’ during the pandemic. But why only now?

In all the covid-19 rules there never was a legal requirement for people to maintain 2m separation. Folk have been bombarded with these so-called rules, but only some are a legal obligation. Others are merely Cabinet Office guidance notes. Okay, call them rules if you like. The particular set of rules my eye landed on were headed “Responsible contractual behaviour in the performance of contracts impacted by the Covid-19 emergency”. The subheading is the nudge “that parties to contracts should act responsibly and fairly”. More nudging: the guidance requires all of us to “work together” in performing and enforcing contracts.

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