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As a term with legal meaning ‘good faith’ is, except in the case of contracts of insurance, historically absent from English contract law, although it may be familiar to those from a civil law tradition. Terms which have arguably a similar effect, such as the famous clause 10.1 of the NEC3 – containing an obligation to act in a spirit of mutual trust and cooperation – are, however, becoming increasingly common. Arguments as to the meaning of such express words, or even whether a general duty of good faith in contract can arise absent express words, will no doubt continue...