Contract: Keeping the faith

Herbert Smith Freehills LLP | Procurement & Outsourcing Journal | November/December 2016 #33
In the first of two articles, Chris Parker, Gregg Rowan and Nick Pantlin help readers to navigate obligations of good faith in commercial contracts ‘In general, a duty of good faith, whether express or implied, will not require a party entirely to subvert its own commercial interests to those of the counterparty, or to give …

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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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Contract: Faith in the system

Morrison & Foerster (UK) LLP | The Commercial Litigation Journal | May/June 2013 #49
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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