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 …

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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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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 …

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Medirest: An Update: Lack of faith

Bristows | Procurement & Outsourcing Journal | May/June 2013 #12
In a follow-up article, Helen Rose and Adam Laverty analyse the Court of Appeal decision in Medirest The Court of Appeal rejected Medirest’s submission that there was an implied general duty of good faith under the contract, re-iterating that there is no general doctrine of good faith in English contract law.The recent Court of Appeal …

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