TSG Building Services plc v South Anglia Housing Ltd [2013] EWHC 1151 (TCC) – Law Journals

Contracting: Discretion is the better part of valour

Jason Rix examines contractual discretion and absolute contractual rights ‘Where a contract is found to include a contractual discretion, the authorities show it will be subject to an implied term that the person exercising the discretion does so honestly and in good faith, with regard to the contract.’ Freedom of contract is a common term …

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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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Contract: Keeping the faith

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

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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Construction Focus: The end of the age of collaborative working?

John Starr examines collaborative working in the context of the Latham report, and the realities of the construction industry ‘Some academic commentators are quick to extol the virtues of altruistic behaviour, even where this involves the voluntary compromise of commercial rights, whereas to others this approach appears foolish, even dangerous.’Collaborative working (sometimes referred to as …

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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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