Good Faith in UK Law
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Bristol and West Building Society v Mothew
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A fiduciary is someone who has undertaken to act for or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. A fiduciary must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal.
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Director General of Fair Trading v First National Bank Plc
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Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position or any other factor listed in or analogous to those listed in Schedule 2 of the regulations.
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Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
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The words are a recognition of the fact that a limited company is more than a mere judicial entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se which are not necessarily submerged in the company structure.
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Walford and Others v Miles and Another
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The reason why an agreement to negotiate, like an agreement to agree, is unenforceable, is simply because it lacks the necessary certainty. Each party to the negotiations is entitled to pursue his (or her) own interest, so long as he avoids making misrepresentations. In my judgment, while negotiations are in existence either party is entitled to withdraw from those negotiations, at any time and for any reason.
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Socimer International Bank Ltd ((in Liquidation)) v Standard Bank London Ltd
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It is plain from these authorities that a decision-maker's discretion will be limited, as a matter of necessary implication, by concepts of honesty, good faith, and genuineness, and the need for the absence of arbitrariness, capriciousness, perversity and irrationality.
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Smith v East Elloe Rural District Council
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But this argument is in reality a play on the meaning of the word nullity. An Order, even if not made in good faith, is still an act capable of legal consequences. Unless the necessary proceedings are taken at law to establish the cause of invalidity and to get it quashed or otherwise upset it will remain as effective for its ostensible purpose as the most impeccable of Orders.
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Anisminic Ltd v Foreign Compensation Commission
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But there are many cases where, although the tribunal had jurisdiction to enter on the enquiry, it has done or failed to do something in the course of the enquiry which is of such a nature that its decision is a nullity. It may in perfect good faith have misconstrued the provisions giving it power to act so that it failed to deal with the question remitted to it and decided some question which was not remitted to it.
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Insurance Act 2015
... ... representation as to a matter of expectation or belief is made in good faith ... (4) The disclosure required is as follows, except as provided ... ...
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The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
... ... (8) Where a disclosure is made in good faith in accordance with this regulation no civil liability arises in ... ...
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Modern Slavery Act 2015
... ... (1) The Commissioner must encourage good practice in—(a) the prevention, detection, investigation and prosecution ... if the court is satisfied that—(a) the act was done in good faith, and(b) there were reasonable grounds for doing it ... Annotations: ... ...
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Bankruptcy (Scotland) Act 2016
... ... by the interim trustee, or by the trustee, with a person acting in good faith, or(c) affect a bankruptcy restrictions order which has not been ... ...
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Good Faith and the Ubiquity of the ‘Relational’ Contract
The judgment of Leggatt J in Yam Seng Pte Ltd v International Trade Corporation Ltd shows the common belief that the English law of contract does not have a doctrine of good faith to be mistaken. T...
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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...
- Review: In Good Faith
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Spies, Traitors and Good Faith
Back in 1988, Lord Brightman said in his Spycatcher judgment that:
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Good Faith and Contract Termination
Deciding whether to terminate a contract, whether at common law for an alleged repudiatory breach or under a specific term in the agreement, is rarely easy. Get it wrong and you may be in breach yo...
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Good Faith Obligations in English Law
Unlike many civil law jurisdictions in Europe, English law has generally not recognised an implied obligation that contractual parties should perform their obligations in good faith. English courts...
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Is Good Faith a Bad Choice Under English Law?
Although there remains no widely accepted definition of good faith under English law, and English law has committed itself to no overriding principle of good faith, English law has developed piecem...
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No Duty Of Good Faith In Non-Exclusive Agency Agreement
In Acer Investment Management Ltd & anr v Mansion Group Ltd [2014] EWHC 3011 (QB) the English High Court was once again asked to address the question whether a particular contract – in this case, a...
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Specimen Directions Template (Birmingham Mercantile Court)
Commercial Court forms including claims and application notices.... ... On or before [*] the parties shall in good faith endeavour to agree a neutral individual or panel from the lists so ... ...
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Specimen Directions Template (Leeds Mercantile Court)
Commercial Court forms including claims and application notices.... ... On or before [*] the parties shall in good faith endeavour to agree a neutral individual or panel from the lists so ... ...
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Specimen Directions Template (Cardiff Mercantile Court)
Commercial Court forms including claims and application notices.... ... On or before [*] the parties shall in good faith endeavour to agree a neutral individual or panel from the lists so ... ...
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Specimen Directions Template (Manchester Mercantile Court)
Commercial Court forms including claims and application notices.... ... On or before [*] the parties shall in good faith endeavour to agree a neutral individual or panel from the lists so ... ...