O ye of little faith

A recent Court of Appeal case confirms the traditional English hostility to a general doctrine of good faith in the performance of contracts.

Rupert Choat looked at the sort of terms that could be implied in construction contracts, one of which was a duty of good faith. As this concept has given rise to conflicting judicial opinion in the two recent cases Rupert mentions, Rachel Barnes gives it some further consideration.

(This article was first published in Building on 5th April 2013)