Duty of Good Faith in UK Law
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The Journey of Good Faith: Where Does It belong in General Contract Law?
This piece considers the doctrine of good faith and its existence in contract law which began with Lord Mansfield’s judgment in Carter v Boehm. Then, reconsiders the general contract law approach i......... Then, reconsiders the general contract law approach in reluctance to establishing an overriding duty of good faith. Parallels are drawn from the operation of the pre-contractual duty of good faith in insurance contracts to demonstrate that an ......
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Reconstructing Insurance Law: The Law Commissions' Consultation Paper
In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law – Non‐disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commission......... reference to the key areas of utmost good faith, warranties and agency . Thi s ... towards reforming the pre-contractual duty of good faith. By wa y of backdropto the ......
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Book Review: Commercial Contract Law: Transatlantic Perspectives
......Contract design and good fa ith; 4. Implied terms and interpretation; 5. ... e duty of good faith and the doctri ne of ......
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Partnerships, Joint Ventures and Duties of Disclosure: The University Court of the University of St Andrews v Headon Holdings Limited
...... misrepresentations and were in breach of a duty of disclosure. The pursuers argued that, in the ... proposition manifestly does not hold good”.18. In light of this, both the Outer and Inner ... the stringency of the duty of good faith between partners.32. For Lord Malcolm, the ......
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Making a Silk Purse out of a Pig's Ear ‐ Medforth v Blake & Ors
...... manager 2 appointed by him, owe no general duty of care in negligence to a mortgagor or junior ... and receivers to exercise their powers in good faith and for proper purposes, that duty ......
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Duties
...... Duty of good faith . It has been established by the ......
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Unicorn v HSBC: good faith returns to Scotland?
...... in which Leggatt J (as he then was) held that a duty of good faith could be implied into a commercial contract governed by English law. Standing that Yam Seng drew on3. the well-known Scottish case of ......
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Michael Furmston and G J Tolhurst, CONTRACT FORMATION: LAW AND PRACTICE Oxford: Oxford University Press (www.oup.com), 2010. liii + 421 pp. ISBN 9780199284245. £175.
...... included a chapter on whether there is a duty to negotiate in good faith in English law. The ......
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Exercising a Contractual Right to Terminate: What's Good Faith Got to do With it?
...... intended the consultancy agreement to be a long-term arrangement (as Monde contended), it did not follow that it was necessary to imply any duty of good faith or other limitation constraining WZL's freedom to exercise the termination right.16. The Court noted that there was no general ......
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Post‐Contractual Good Faith ‐ A Further Change in Judicial Attitude1
......-Contr actual Good Faith - A Further Cha nge in Judicial A ttitude 1 Andre Ł Naid oo n INTROD UCTION In recent year s the post-contr actual duty of good faith has been the su bject of considera ble judicial deba te in a number of cases. 2 Although these ca ses address the notion of a general ......
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