Implied Terms & Good Faith - The Key Issues

Introduction

Disputes concerning these two topics are regularly considered by the courts and anyone involved in drafting contracts and/or litigation needs to have an awareness of the latest decisions.

This webinar summarises the key issues that you need to be aware of, examines them via a series of case studies, and sets out some practical steps to take.

What You Will Learn

This webinar will cover the following:

Implied Terms

• Application of the business efficacy and officious bystander tests in recent case law
• Pixdene v Paddington
• Usage of implied terms in different contexts
• The no contradiction rule

Good Faith

• Meaning of ‘good faith’ - Faulkner v Vollin Holdings
• Express duties of good faith - Optimares v Qatar Airways
• Application of the rules concerning implied duties of good faith
• Meaning of ‘relational contract’
• Relationship between ‘relational contracts’ and the tests for implied terms
• Candey v Bosheh

This webinar was recorded on 1st February 2024