There is no general obligation in English contract law of ‘good faith’, critically discuss this aspect of English contract law using case law and academic analyses and add commentary on where you think the law may need to be improved or protected.
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August 7, 2017There is no general obligation in English contract law of ‘good faith’, critically discuss this aspect of English contract law using case law and academic analyses and add commentary on where you think the law may need to be improved or protected.
Answer ONE of the following questions:
1. There is no general obligation in English contract law of ‘good faith’. English contract law poses a negative obligation ‘not to tell lies’ rather than a positive obligation to tell the truth.
Critically discuss this aspect of English contract law using case law and academic analyses and add commentary on where you think the law may need to be improved or protected.
2. ‘The law on unfair terms in contracts used to offer uneven and sometimes inappropriate protection. The current new regime, since 2015, fulfils proposed reforms in order to reflect the realities of modern contracting.’
Critically discuss with reference to relevant statute, case law and academic analyses and add commentary on where you think the law needs to be improved or protected.
3. ‘In theory, contract law involves intricate decisions interpreting the elements of a contract and terms of a contract. In contract cases however, the courts are only concerned to remedy loss or harm caused by a breach of contract.’
Critically discuss with reference to relevant case law and academic analyses.
