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: Keeping the faith

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | Procurement & Outsourcing Journal | July/August 2013 #13
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

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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Unfair Terms In Consumer Contracts Regulations 1999: Where are we now?

Benson Watkins Solicitors | Property Law Journal | October 2011 #277
Heath Marshall provides an update of the extent to which the Regulations are relevant to land agreements ‘The Regulations relate to contracts between a seller or supplier, and a consumer for the supply of goods or services, and deal with contractual terms that are deemed to be “unfair” by virtue of the Regulations.’In my previous …

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