Webinars by Practice Area
Implied terms, good faith and Braganza duties
Recorded on: 28/02/2022
In recent years, there has been an increasing tendency for parties to look beyond the express terms of a contract and argue that an additional term or terms should be implied. This issue has arisen particularly in respect of implied duties of good faith.
This fully updated webinar summarises the key issues that practitioners need to be aware of and considers a series of practical steps to take. Topics will include:
- in what circumstances will a court be prepared to allow an implied term?
- what is meant by ‘necessary for business efficacy’ and ‘so obvious it goes without saying’?
- when is the ‘no contradiction’ rule applied?
- what does ‘good faith’ mean in practice?
- how do the courts interpret express duties of good faith?
- when will the courts be prepared to imply a duty of good faith into a contract? – Bank of Scotland v Hoskins  EWHC 3038 (Ch)
- what is the difference between a duty of good faith implied by law and by fact? – Cathay Pacific v Lufthansa  EWHC 1789 (Ch)
- how is this duty different from a duty of good faith?
- in what circumstances will the courts apply such a duty? – Rothery v Evans  EWHC 577 (QB)