The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Commercial

Contract – duty of good faith?

To what extent can you imply a duty of 'good faith' into a commercial contract? The position under English law is that contracting parties do not owe a general duty of good faith to each other (unless there is a fiduciary relationship). This is different from the approach in many civil law jurisdictions (where a duty of good faith is included in the Civil Code). In Yam Seng [2013] a High Court judge did imply a general duty of good faith into a particular contract, but judges since then have tried to limit the effect of that case. In effect, a duty of good faith will not be implied unless a contract would otherwise lack commercial and practical coherence.

Subscribers only...
 

Contract – implication or interpretation?

There is a fundamental difference between implying an implied term into a contract, and interpreting an express term of that contract. The rules for implying are stricter than those for interpreting.

Subscribers only...
 

Bank reference – third party liability

The Playboy casino used an agent to get a bank reference for a gambler before granting him credit. The bank that gave the reference was unaware that it would be passed to, and relied on, by Playboy. In due course, the gambler’s cheques to Playboy (worth £1.25m) bounced. Accordingly, Playboy sued the bank for negligent misstatement (ie a defective credit reference).

Subscribers only...
 

Website injunctions – costs

A website-blocking order is typically made against an ‘innocent’ ISP, requiring it to block a counterfeit website.

Subscribers only...
 

GDPR – consent

GDPR does not fundamentally change the situation set out in DPA 1998 as regards personal data processing (including marketing).

Subscribers only...
 

Sole survivor – joint attorneys

The LR has clarified that a transfer executed by joint attorneys on behalf of a sole surviving proprietor will not satisfy a Form A restriction.

Subscribers only...
 

Confidentiality – ‘disclosure’ and ‘use’

A properly drafted confidentiality clause should cover both ‘disclosure’ of the confidential information, and its ‘use’.

Subscribers only...
 

Decision-making – commercial aims?

Suppose a party has contractual rights; are there any limitations on how those rights can be exercised?

Subscribers only...
 

Directors – residential addresses

Currently, all company directors have to provide a residential address and a service address.

Subscribers only...
 

Cap – limitation of liability

Limitation of liability clauses are often among the most heavily negotiated parts of contracts. They need careful consideration to ensure that the terms are appropriate to the commercial circumstances.
Subscribers only...
 


Page 2 of 40

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

IAG International
Join the IBA now!
In House Lawyer
MSI Global Alliance
www.totallylegal.com