Drafting: Choosing your friends, and relations

Clarke Willmott LLP | The Commercial Litigation Journal | November/December 2019 #88
John Flint places a recent decision on relational contracts in context ‘A general obligation to act at all times in good faith towards a counterparty because the contract was “relational” might fail to have regard to rights and obligations created by the express terms.’ Traditionally the English courts have avoided implying a duty of good …

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Contract: Gotta have faith

Herbert Smith Freehills LLP | Procurement & Outsourcing Journal | January/February 2017 #34
In the second of two articles, Chris Parker, Gregg Rowan and Nick Pantlin look at the judicial implication of a duty of good faith ‘The precise formulation of the duty differs between cases, but the essence seems to be a requirement to exercise the discretion honestly and in good faith, and not to act in …

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Negotiation: Cards on the table

Womble Bond Dickinson | Procurement & Outsourcing Journal | November/December 2015 #27
Simon Lewis examines the duty of good faith in commercial contracts ‘The implication of a general duty of good faith is unlikely to arise where the contract under consideration is detailed, leaving relatively little scope or need for the implication of terms not already covered by existing contractual obligations.’English contract law does not like the …

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