ABSTRACT
Since 2013 English Law has seen the development of contract law jurisprudence which characterises certain contracts as relational, with an unpredictable by-product that an inchoate term of good faith may be implied. That term is then given content by the Court. In this article I review six key cases and the terms implied concluding that good faith adds nothing other than complexity (and therefore cost) because existing well-known and understood methods or principles cover exactly the same ground or because ordinary commercial construction can deal with the issue in question or because express terms are duplicated by the implied term.
€ (Westlaw)
Soper, C Haward, ‘Occam’s razor or Leggatt’s multiblade – good faith or a clean shave?’, [2021] Journal of Business Law (7) 580-595.
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