• Research/Scholar Paper name – The Concept of Good Faith Become Part of English Contract Law
  • Author: Pathi Hrudaya Reddy
  • Institution: Symbiosis Law School, Hyderabad
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 14/09/2021

Abstract:

Contracts play a vital role in our day-to-day lives. Most of the time, when individuals enter into contracts, they are guided and recognized through such contracts for fulfilling their needs and obligations. In every contract, the concept of good faith stands as an essential ingredient for the parties in order to bind by the rules and conditions of such contract. Parties can create an obligation of good faith either expressed or impliedly. Parties have to try to hold on to the moral aspect of maintaining the contractual relations and also try to deteriorate the inequalities for better execution of their roles and responsibilities. All the facts and circumstances have to be given importance while entering into a contract. They also have an obligation to reveal all the facts and circumstances without having any mal intention to deceive or injure the other party by not abiding by the contractual conditions. The court also has to consider the pre-contractual intentions of the parties in order to determine cases.

The paper focuses on coherent understanding of how the concept of good faith emerged. The paper throws light on the eminence of Roman law in originating and establishing the concept of good faith. The researcher along with explaining express and implied obligations of acting in ‘good faith’ also encapsulates the remedies arising out of breach of good faith. Finally, The paper also throws light on the topic of the position of good faith in English contract law.

The Concept of Good Faith Become Part of English Contract Law

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