What is Good Faith
Since I intend to give practical and effective tools to the parties when negotiating and concluding the lease, I will first of all seek to remove a number of errors from the heart of the landlord and tenant.
First, good faith is not the good faith of the people themselves.
This is a standard that the court decides on. And it differs from case to case and from judge to judge. In other words, the court will not be required to question whether the person in front of him acted in good faith.
But he will be required to answer a totally different question, the court will ask itself how a reasonable person would have acted in the circumstances of the case.
To the extent that the court’s response is that a reasonable person would have acted differently from the person before him, the court will rule that the person before him acted in bad faith.
This is despite the fact that the court can agree that the person before him acted in good faith according to his own view.
Subjectively, unfortunately, it often happens that a good-hearted person leaves a court disappointed with a bitter feeling of missing out because the court does not do justice and in fact convicts the righteous and justifies the evil.
It is possible that Hebrew law works in a completely different way.
Even if it may reach a similar result.
In Hebrew law, the powers of the courts are significantly broad and the duty to act ‘in good faith is an absolute duty.
Thus, there is no need to interpret the contract ‘in good faith but the court can simply decide to extend the canvas before them.
Thus, while courts interpret the observance of the contract ‘in an acceptable and good faith manner, in Hebrew law ‘enforce a degree of standard, to prevent or oblige a person not to act and abuse his legal right.
The halakhic rule allows the tribunal to compel a person to do kindness to another. And according to the laws of price gouging, it is possible to deduct from a price agreed upon by the parties.
In conclusion, the landlord and tenant should check before any significant action whether the ‘reasonable person would have acted in good faith, and they should know that good faith sometimes requires one of the parties to act actively.