The principle of good faith in the execution of contracts in English Law

Abstract

In contemporary Private Law, the principle of good faith offers the firmest and structurally most influential foundation. It was through good faith that the our courts first limited the exercise of rights, imposed pre-contractual duties and instituted special duties of care in the performance of ongoing contracts. The role played by the principle of good faith in Romano-Germanic systems has no parallel in Common Law systems, and especially in English law. This reflects the essence of Common Law, pragmatic by nature. This contrasts sharply with our reality: classically, Civil Law has shown a propensity for systematic constructions. In this article, we propose to examine the function currently assigned in English Law to the principle of good faith in the performance of contracts.