Hector Lewis MacQueen (University of Edinburgh – School of Law) has posted “Good Faith in the Scots Law of Contract: An Undisclosed Principle?”, U. of Edinburgh School of Law Working Paper No 2011/19. Here’s the abstract:
Good faith is not an overtly recognised or apparently very active concept in general contract law in Scotland. This essay argues however that good faith does play a substantial role in contract law, but in a submerged or subterranean way, through particular rules rather than broad general statements. A particularly good example is provided by the authorities on pre-contractual liability, which are discussed in depth and compared with other systems, including the Principles of European Contract Law (PECL).
A .pdf copy of the paper is available for download via SSRN here.