Articles & Commentary
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16
Jun
2014
2014
A Core Expectation of Honesty and Swimming Against the Tide
In Scots law good faith exists as a background to contract law but not as a substantive factor which can be founded on by itself. In this article, Andrew Bowen QC looks at the case of Yam Seng Pte Ltd v International Trade Corporation Ltd [2013] EWHC 111 (QB) where the judge held that traditional English hostility towards a doctrine of good faith was misplaced and that an implied duty of good faith could support more specific implied terms which reflected the specific contractual matrix.
This article was first published in Greens Business Law Bulletin, Issue 128 (published February 2014) and is reproduced here with the kind permission of W. Green, The Law Publishers.