How does the common law deal with lack of good faith in precontractual negotiations

I've read from my text book 3 times now and its all too complicated for me... could someone please help me in deriving an answer for this question, preferably in simple terms so i can understand - although when has law been simple?
Thanks!

Reply 1

chalks

You know the rules - post your own thoughts on the question first and then people may be inclined to add some words of wisdom.

Reply 2

x-CrAzY-x

ok, so currently English law doesnt recognise a doctrine of 'good faith'. However there are signs that the hostility towards a requirement of good faith may be comming to an end. We can see that many of the rules of English law do in fact conform with notions of good faith. What i dont understand is what it means by the common law 'dealing' with lack of good faith. There are all these rules where lack of good faith comes into play so what i get from the textbook is that they deal with it when it is necessary eg contracts uberrimae fidei. and dont bother going into it where they dont have to as there is no doctrine. But is there a standard set of rules to dealing with it.....?
Thats my thoughts - i told you i needed help!

Reply 3

figgis86

Have you gone onto LexisNexis, typed in 'precontractual agreements AND common law', and highlighted your wish to search for cases?

9 times out of ten, the LN website puts you on the right track with cases.

Good hunting

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