1. Good Faith and Inequality of Bargaining Power

2. ‘English lawyers tend to be hostile to broad general principles. They are much more comfortable when reasoning incrementally And by analogy with the existing body of case law.’

3. Whilst there is no general doctrine of good faith in English contract law at present, nevertheless it influences contract law, for example, as follows: Unfair terms in consumer contracts regulations 1999 regulation 5 Unfair contract terms act 1977 s 11 Economic duress Undue influence

4. Walford v Miles House of Lords 1992 When considering whether or not English contract law should adopt a general doctrine of good faith the starting point has to be this case as it did not recognise an obligation to ‘negotiate’ the contract in good faith.

5. McKendrick states: ‘Thus the fact that there are individual rules of English contract law that are consistent with the requirements of the doctrine of good faith cannot necessarily be used to support the proposition that English law should recognise a general doctrine of good faith. Provided that the individual rules work, why abandon them in favour of a broad, general principle?’