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 …

Continue reading "Contract: Gotta have faith"

This post is only available to members.

Update: A litigation overview – 2015

Herbert Smith Freehills LLP | The Commercial Litigation Journal | January/February 2016 #65
Anna Pertoldi and Maura McIntosh look back at some of the key developments of 2015 from the perspective of the commercial litigator in England and Wales ‘2015 offered a welcome respite from the previous flood of case law considering applications for relief from sanctions for breaches of court rules and orders.’ As we move into …

Continue reading "Update: A litigation overview – 2015"

This post is only available to members.

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 …

Continue reading "Negotiation: Cards on the table"

This post is only available to members.