Yam Seng Pte Ltd v International Trade Corporation Ltd [2013] EWHC 111 (QB) – Law Journals

Construction Focus: Altruism – a case of good faith

John Starr analyses a recent case which seems to provide a further setback to collaborative working ‘On the good faith issue, the judge rejected the arguments put forward by Ilkerler and said that there was not even a prima facie case of conduct that lacked good faith.’ Collaborative working has been described as a system …

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Negotiation: Cards on the table

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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Contract: Take the money and don’t run

David Sawtell considers how far good faith can apply to repudiatory breach ‘If the innocent party has no other reason to affirm the contract than to maximise its damages, the court might scrutinise its claim.’If a party is in serious breach of a contract, the so-called ‘innocent’ party needs to know whether or not it …

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Contract: Keeping the faith

David Sawtell looks ahead from the Medirest judgment ‘The clearest point to be taken from the Medirest litigation is that the court will scrutinise the express terms of the contract.’The High Court and Court of Appeal decisions in Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland (t/a Medirest) [2012]; [2013] have …

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Contract: Faith in the system

Alistair Maughan and Sarah Wells look at whether a duty of good faith can ever be implied into a contract? ‘English courts have long held that parties should have the freedom to contract in the way that they wish, and so have been reluctant to intervene and impose overriding obligations of good faith. However, two …

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Contract: Keep the faith

Helen Rose and Sean Ibbetson look at the lessons to be learned from Medirest Contracting parties may need to consider the effect of an obligation to act in good faith even where they have not agreed an express obligation to that effect.Obligations in commercial agreements to act in good faith are now common, particularly in …

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