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Words: | Submitted: Mon Jun 19 2006
... in good faith. The English contract law has no such provision. Why didn't the English law adopt an overriding principle of good faith in contracts? A point of view was clearly expressed by Sir T. Bingham in "Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd1". Although English contract law has not committed itself to the principle of good faith it has succeeded in acting against cases of unfair dealing by developing piecemeal solutions in response to demonstrated problems of unfairness. This argument implies that the English legal system, while it doesn't object to the principle of good faith, can manage easily without it. However, there is another view, which has a more hostile attitude towards good faith. Lord Ackner (House of Lords), commenting on the "Watford v Miles" case, said: "The concept of a duty to carry on negotiations in good faith is inherently repugnant to the adversarial position ...
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