The role of good faith in English contract law after Yam Seng PTE Ltd v International Trade Corporation Ltd
Wednesday 20 March 2013 17:00 to 19:00
LocationBritish Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP
Diana Wallis, former vice-president of the European Parliament
Professor Hugh Collins, London School of Economics
Professor Roger Halson, University of Leeds
Professor Dr Thomas Riehm, University of Marburg
Dr Duncan Fairgrieve, British Institute of International and Comparative Law
The concept of good faith is one that has prompted the attention of the academic literature over the past decade or so. It is a key concept in most of the Civil law countries whereas it rarely appears per se within the English Common Law. Often considered as a "legal irritant", this concept is nevertheless key in the contemporary construction of European private law.
The recent case rendered by the High Court of Justice in Yam Seng PTE Ltd v International Trade Corporation Ltd triggers that particular theme and allows for the discussion on a possible recognition of a general duty to perform an obligation in good faith in English Law.
In order to fully appraise this case it will be examined through a comparative perspective bringing together European, Common and Civil Law specialists.
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