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Define A Good Faith Agreement

Define A Good Faith Agreement

Certain circumstances specific to this case led the court to conclude that an obligation of good faith could be implied. The agreement was “skeletal” and was not designed by lawyers. The Tribunal considers that it would be more difficult to insert a term in a detailed and professional document. On these two points, a duty of good faith has been implied. The first undertaking is contrary to the usual trade standards and the second is an integral part of the agreement between the parties. “Good faith” has generally been defined as honesty in a person`s behavior during the agreement. The obligation to provide a good faith service also exists in contracts that expressly allow one of the parties to terminate the contract for any reason. “Fair treatment” generally requires more than honesty. It is usually necessary that a party cannot act against the “spirit” of the contract, even if you inform the opposing party that you intend to do so. However, shortly after Yam Seng, the Court of Appeal took a much more restrictive and restrictive approach in Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd. In that regard, the General Court clarified that the obligation to act in good faith under a particular provision does not extend to all conduct in the Treaty. “The Trust and the Contractor shall cooperate in good faith and take all appropriate measures necessary for the effective transmission of information and instructions and shall enable the Trust or, where applicable, any beneficiary to take full advantage of the Contract.”; The Tribunal was asked to decide whether this clause provided for a general obligation on the parties to cooperate in good fairness.

Compass relied heavily on the Yam Seng decision and argued that the duty of good faith contained in clause 3.5 should be broadly interpreted to apply to contractual clauses relating to performance failures and/or that a general duty of good faith should be included in the contract. In addition, the contract was a long-term distribution contract which, as the court found, required the parties to communicate effectively and cooperate in their performance. Leggatt J. considers this type of agreement to be a “relational contract”,and the case seemed to give authority to the position that a general duty of good faith could be implicit in such contracts. Among the examples he gave, which fell within the definition of a `relational contract`, were the joint venture agreements, franchise agreements and the type of long-term distribution that were the subject of that dispute. Other examples, although not specifically mentioned, would likely have included certain types of construction and engineering contracts. It is also difficult to identify, with an essential degree of security, general circumstances in which good faith is more likely to be involved. Thesaurus: All synonyms and antonyms of good faith In the time it took to ship the shipments to their destination, the price of cotton collapsed and the recipient refused to accept the goods. Cottonex received payment for the shipments by submitting its documents to a bank that had opened credit in its favour and then argued that it was not authorized to process the goods because ownership of them had been transferred to the consignee. So what is the moral of the story? Like everything in a contract, if you want something to be clear, do it clearly.

If one or two parties are to act in good faith, say so. Of course, you should go further and define what good faith means.


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