Guest: Uker - 2010-09-14 15:10:14
I do not believe that this principle would be applicable in an UK Court!
Guest: jacques - 2010-09-15 12:21:27
England is somehow special in this regard. see http://www.lawsociety.org.uk/documents/downloads/jurisdiction_of_choice_brochure.pdf
page 4. I do not think that the absence of good faith is something positive which you would put in an ad... Anyway even if you say that there is no general principle of good faith in England there is however always the same result. That is because in england are many "special" principles like "clean hands" which would be considered as "good faith" in other jurisdictions.
be - 2011-10-04 18:06:38
The famous brochure by the English Law Society has caused some reactions here in Germany, among others a similar brochure by the leading German legal associations ("www.LawmadeinGermany.de"). I think that today, the general principle of good faith has found its way into English law through the EU-Directives, like the one on unfair terms in standard forms, which contain a general principle of good faith. Also, the result is the same in civil law and English common law because the latter works with implied contractual terms.