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04/09/2015

Good Faith in Commercial Contracts: A New Duty? – By Ruhi Sethi

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As English law currently stands, there is no general duty of good faith in commercial contracts. There are exceptional contracts where the law will imply a duty of good faith i.e. employment, insurance and contracts governing fiduciary relationships where a group majority can bind a minority.

Over the last few years the UK courts have had to consider whether it is possible to imply a duty of good faith and if so, the circumstances in which this can be done. Ruhi Sethi, examines the Courts’ findings in the cases, the relevant applicable principles of implying terms into contracts and discusses whether it is likely that a new duty of good faith will be introduced into English law.

PDF: Full article

http://www.corporatelivewire.com/CorporateLiveWireExpertGuides/LitigationGuide2015/flipviewerxpress.html?pn=10 – 11.

 
 

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