The lack of a duty of pre- contractual good faith means that the law can now be summarised as: ‘[…] [T]here is no obligation in
general to bring difficulties and defects to the attention of a contract partner or prospective contract partner. […] In such circumstances, silence is golden, for where there is no obligation to speak, silence gives no hostages to fortune.' (Rix L.J. In ING Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2012] 1 W.L.R. 472 at [92])
