When Will UK Courts Imply A Duty Of Good Faith?

Law360 (November 7, 2019, 2:32 PM EST) -- Internationally, the trend in both civil and common law jurisdictions is toward recognition of the concept of good faith in contract law. English contract law has been described as "swimming against the tide"[1] in refusing to recognize a general doctrine of good faith.

The English courts will, in some circumstances, imply a duty of good faith into a contract, but there are conflicting views on when they should do so. The 2019 High Court of Justice decision in Bates v. Post Office Ltd. (No. 3)[2] provides some answers but also raises questions. This article considers the decision and the practical implications...

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