Litigation Notes
Tag: good faith
Showing 24 out of 24 results
How far can you act in your own self-interest? The role of good faith in commercial contracts
The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms. But …
High Court refuses to imply duty of good faith in relation to exercise of contractual right
In a decision earlier this year, the High Court refused to imply a duty of good faith in relation to a contractual right to amend a loan note instrument: …
Good faith principles applied to question of whether innocent party could keep contract alive following repudiatory breach
The High Court has held that a party was not entitled to keep a contract alive indefinitely for the purpose of claiming ongoing liquidated damages for …
High Court implies duty of honesty and integrity into vehicle recovery contract
In a recent decision, the High Court has implied a duty of "honesty and integrity" into a vehicle recovery contract: D&G Cars Ltd v Essex Police …
High Court implies duty of good faith into "relational" contract
In a recent case, the High Court has implied a duty of good faith into a long-term agreement between two commercial parties: Bristol Groundschool Limited …
High Court finds agreement to engage in time limited "friendly discussions" is enforceable
The Commercial Court has held that a dispute resolution clause requiring the parties to seek to resolve a dispute by friendly discussions constituted an …
Court of Appeal confirms implied fiduciary duty in joint venture arrangement
The Court of Appeal has recently upheld a first instance decision in which the court implied a fiduciary duty into a joint venture arrangement, including …
High Court finds no duty of good faith in exercising contractual right of termination
In a recent decision, the High Court held that a contractual right of termination did not have to be exercised in good faith. An express term of …
Court of Appeal finds contract which left matters to be agreed not unenforceable for uncertainty
The Court of Appeal has recently held that a contract for the sale of goods which left matters, including certain charges and a shipping schedule, to be …
High Court implies duty of good faith into distributorship agreement
In a recent decision, the High Court has implied a duty of good faith into a Distribution Agreement: Yam Seng Pte Ltd v International Trade Corp Ltd …
The status of express obligations to negotiate in good faith
In two recent decisions, the courts have considered the enforceability of express contractual terms requiring a party to negotiate in good faith and, in …
Article published on endeavours and good faith
Commercial contracts commonly require one or both parties to use "reasonable", "all reasonable" or "best" endeavours to achieve some goal, …