A review of the principle of good faith in English Contract Law / Bryan Ching-Wing Lo

Lo, Bryan Ching-Wing (2011) A review of the principle of good faith in English Contract Law / Bryan Ching-Wing Lo. Jurnal Intelek, 6 (1). ISSN 2231-7716

Abstract

Today, the question of “Is there a duty to negotiate in good faith?” still arises in most of the jurisdictions that practice English Law. This paper reviews the principle of good faith in English contract law to provide an insight of how the UK courts make judgment decisions. The main reference case to support this research paper is Walford v Miles which had been cited by many jurisdictions for their previous court decisions. Other sources of references were derived from legal journal articles and books. In the discussion, there were findings both supporting and rejecting the “agreement to agree”. However, the final outcome of the analysis revealed that a more explicit definition by the UK law is required to end the debate on the principle vagueness.

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Item Type: Article
Creators:
Creators
Email / ID Num.
Lo, Bryan Ching-Wing
ebryanlo@gmail.com
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence
K Law > KD England and Wales
Divisions: Universiti Teknologi MARA, Perlis > Arau Campus
Journal or Publication Title: Jurnal Intelek
UiTM Journal Collections: UiTM Journal > Jurnal Intelek (JI)
ISSN: 2231-7716
Volume: 6
Number: 1
Keywords: Good faith, Certainty, Fixed period, Agreement to agree, Lock-out
Date: June 2011
URI: https://ir.uitm.edu.my/id/eprint/32070
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