News & Analysis as of

Commercial Contracts Good Faith

Freiberger Haber LLP

Breach of Contract Claim Sustained Where Plaintiff Offered a Facially Reasonable Reading of The Contract

Freiberger Haber LLP on

The foundation of virtually every business and commercial transaction is a contract. It is difficult to imagine a transaction for the purchase or sale of goods, the merger or acquisition of a business, or the provision of...more

A&O Shearman

More than a leap of good faith to override express terms

A&O Shearman on

A relational contract containing a duty to act in good faith could not be implied to contradict express termination provisions....more

Latham & Watkins LLP

Meaning of “Good Faith” Under English Law: Latest Clarification

Latham & Watkins LLP on

The Court of Appeal reiterates the importance of the specific context in interpreting contractual good-faith duties. English law does not include a general implied duty of good faith. However, the English courts are...more

Weintraub Tobin

The Importance and Dangers of Letters of Intent

Weintraub Tobin on

Despite a global pandemic and a bingo-card full of natural disasters and calamities, the commercial real estate market has been extremely active over the past two years. While there are some signs that activity will be less...more

BCLP

Joint Operating Agreements: What have we learned from the High Court’s decision in TAQA v Rockrose

BCLP on

On Friday 17 January 2020, the High Court gave its judgment in the TAQA Bratani v Rockrose case (TAQA Bratani Ltd and others v. RockRose UKCS8 LLC [2020] EWHC 58 (Comm)). In this judgment, the Court held in favour of the...more

Bracewell LLP

JOAs: “Good Faith” and the implied qualification of express contractual powers

Bracewell LLP on

There have been a number of recent English Court decisions concerning implied obligations of good faith. In May 2019, we considered the potential impact of those decisions on joint operating agreements in the oil & gas...more

Morgan Lewis

Contract Corner: The Concept of Good Faith in Commercial Contracts Under English law

Morgan Lewis on

In this contract corner, we consider the concepts of “good faith” in commercial contracts under English law. The General Position Under English Law - The notion of good faith is a complex and evolving concept under...more

White & Case LLP

Contractual duties of good faith in "relational contracts"

White & Case LLP on

In a long running group litigation between a number of Sub-Post Masters and Post Office Limited, Mr Justice Fraser, sitting in the English High Court, has given detailed consideration of the issue of relational contracts in...more

Bracewell LLP

Obligations of Good Faith in JOAs - The Impact of Recent Decisions on 'Relational Contracts'

Bracewell LLP on

In the international upstream oil and gas exploration and production industry, joint operating agreements (“JOAs”) are the key agreements which govern the terms upon which oil and gas companies regulate their upstream joint...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review – England & Wales

Latham & Watkins LLP on

Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framework for the cost-effective...more

Polsinelli

Assessing New Risks in Letters of Intent - Delaware Supreme Court Creates Increased Exposure by Recognizing a Duty to Negotiate in...

Polsinelli on

Prior to entering into a definitive commercial agreement, parties often enter into a letter of intent, a term sheet or a memorandum of understanding (a preliminary agreement). Some of the provisions in the preliminary...more

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