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Duty of Rationality

Bracewell LLP

Good Faith in English Contract Law

Bracewell LLP on

Summary - Under English law, there is no general doctrine of good faith. This means that there is no general obligation to act in good faith during the negotiation of commercial contracts. The exceptions to this rule...more

Dorsey & Whitney LLP

Implied Duty of Rationality in Commercial Contracts

Dorsey & Whitney LLP on

On 30 November 2020, the UK High Court handed down judgment in the relief phase of the case of Otello Corporation ASA v. Moore Freres & Company LLC and Last Lion Holdings Limited (BL-2018-000840). Dorsey & Whitney advised...more

Dechert LLP

I Can't Get No Satisfaction: English Court Rules That Proof "to a Party's Satisfaction" Is Subject to Limitations

Dechert LLP on

The English High Court in UK Acorn Finance Limited v Markel (UK) Limited ruled that a contractual clause requiring something to be established “to [the Defendant’s] satisfaction” required the Defendant to act “rationally” in...more

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