Abstract
Abstract This chapter considers the place of good faith in English contract law, by contrast with other common law and civil law systems, and discusses the role that comparative law can play in deciding on any potential development of English law. Ewan McKendrick has a natural sensitivity to the significance of differences in legal rules in different legal systems. The chapter emphasizes the need for caution in borrowing rules from another legal system, both generally and in the particular context of good faith in contract law. The form in which an obligation of good faith is accepted must fit the legal system’s model of contract law.
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