The Good Faith Principle is the general presumption that parties to a contract will deal with
each other honestly, fairly to not destroy the right of the other party. However, Good Faith is yet
to be acknowledge in England, due to the concerns of freedom and flexibility leading to ambiguity
and uncertainty. Controversially, the Guidance Principle was introduced in 2020 giving contractual
parties flexibility to alter their contracts, mirroring Good Faith, but as it is non-statutory, it is not
binding like Good Faith. English Contract law is keen on certainty, yet they limit the protection of
contracting parties under unforeseen circumstances to Covid-19 impacts and even then, it is not
made compulsory.

It is time for a general recognition of Good Faith in England, especially after the unexpected
Covid-19 pandemic to prepare contracting parties to overcome any uncertainties. This will uphold
certainty by minimising disputes to maintain contracting parties’ relationships.