Implied Terms and Good Faith – Key Issues

These related areas of law continue to provide a regular stream of cases. This webinar summarises the most important recent developments that practitioners need to be aware of and considers a series of practical steps to take. Topics will include:

Implied terms

• application of the business efficacy and officious bystander tests in recent case law
• usage of implied terms in the context of a share purchase agreement
• implied terms and agreements to agree

Good faith

• interpretation of express duties of good faith – narrow or broad application?
• ‘relational contracts’ v implied terms tests – which is more important?
• relationship between express and implied duties of good faith in an agreement
• application to contractual behaviour in the light of Covid-19