The elusive notion of good faith in the performance of a contract, why still a bête noire for the civil and the common law?

Abstract

Introduction The enduring paradox and divisiveness of good faith is well known; although a fundamental principle in most European continental systems, in a growing number of common law countries as well as in numerous European and international instruments,1 good faith is still ill understood and controversial. This article aims to untangle some of the tensions surrounding the notion, with specific reference to French and English laws in order to see whether it is indeed possible that the concept "in itself should not keep common and civil lawyers divided". [...]