释义 |
good faith Honesty. An act carried out in good faith (bona fide) is one carried out honestly. English contract law, unlike most other jurisdictions, does not recognize an overall obligation that the parties should act in good faith (Walford v Miles [1992] 2 AC 128). Good faith is implied by law into certain contracts, such as those relating to commercial agency and employment. The requirement of good faith was introduced in relation to consumer contracts through the Unfair Terms in Consumer Contracts Regulations 1994 (now the Consumer Rights Act 2015). Courts will enforce express contractual terms of good faith. The law has become more receptive towards recognizing the existence of a duty of good faith in certain contracts (Yam Seng Pte Ltd v International Trade Corporation Ltd [2013] EWHC 111) (QB), [2013] 1 All ER (Comm) 1321), but this has not extended to the recognition of a general implied duty of good faith in contract law. See also uberrimae fidei; unfair contract terms. |