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Good Faith in English Law - Help for a civil law jurisdiction student

Hey guys, I'm a final-year law student from a civil law jurisdiction, and I'm doing my thesis about good faith principle, leaving an special chapter about the approach of English Law in this matter.

Could you guys please help me with this? I've done some research in lawteacher.net, although it would be better for me getting first hand insights of British Students about where to research.

My thesis is about commercial contracts, but anything related to business and commercial law would be fine: I have encountered this principle on trusts (fiduciary relationship between the beneficiary and the trustee; in the Sale of Goods Act, but nothing else.

Would appreciate your help, thanks!
(edited 3 years ago)
Original post by gekkolaw
Hey guys, I'm a final-year law student from a civil law jurisdiction, and I'm doing my thesis about good faith principle, leaving an special chapter about the approach of English Law in this matter.

Could you guys please help me with this? I've done some research in lawteacher.net, although it would be better for me getting first hand insights of British Students about where to research.

My thesis is about commercial contracts, but anything related to business and commercial law would be fine: I have encountered this principle on trusts (fiduciary relationship between the beneficiary and the trustee; in the Sale of Goods Act, but nothing else.

Would appreciate your help, thanks!

You mean fiduciary duties?

You would get that type of relationship in trusts, executor and beneficiary- wills
Company directors to shareholders. Property - legal and equitable beneficiaries.

There also a principle of Uberrimae Fidei in insurance contracts between the insurer and insured, thats quite a stringent test and is highly developed.

Actually have decided I dont know what I am talking about.
Reply 2
Original post by 999tigger
You mean fiduciary duties?

You would get that type of relationship in trusts, executor and beneficiary- wills
Company directors to shareholders. Property - legal and equitable beneficiaries.

There also a principle of Uberrimae Fidei in insurance contracts between the insurer and insured, thats quite a stringent test and is highly developed.

Actually have decided I dont know what I am talking about.

great thanks, I found it mentioned in both the Insurance Act and the Marine Act 1906, I think I will address those topics in my thesis. Regarding fiduciary duties, it is not what I was actually looking for but it could be useful.

My doubt is if apart of insurance contracts, is it a known and acceptable principle broadly in English Law? because I have read that judges has deemed it as a vague definition and therefore not reliable because of it subjetive interpretation
I don’t think there is any particular good faith principles in English law, just don’t lie or misrepresent.
Reply 4
Original post by 999tigger
the other things I mentioned are the where they have to act in good faith.

The insurance thing is central to insurance contracts and unique to it plus there will be plenty of case law and statute. Insurance is a specialist but very important field of English commercial law. The point is its the duty of good faith developed to the nth degree and more interesting imo than any normal duty of good faith, if there is one. Birds Insurance law is quite a gentle read. the library will have it plus there are probably plenty of articles .

As for General just get the librarian to check lexis or practical law and look it up in Chitty or Cheshire and Fifoot. The law librarian is your friend.

Anyway my last topics were on.

Renting a house and council tax plus letting advice.
Excess skin and weight loss.
Anxiety and depression.
Harry |Potter
A levels

I believe I have had enough.

WTF hahah thanks anyway
Reply 5
Original post by Catherine1973
I don’t think there is any particular good faith principles in English law, just don’t lie or misrepresent.

yeah that's exactly what I found at lawteacher.net, I think I will narrow down my research to insurance contract as it has a well developed doctrine regarding this. thanks

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