Yam Seng and the meaning of 'good faith'
In its recent decision in Yam Seng Pte Limited v International Trade Corp Ltd, the High Court suggested that in certain circumstances the courts may be willing to find an implied duty of good faith in contractual relationships governed by English law.
Yam Seng, the claimant and a company incorporated in Singapore, claimed damages for breach of contract and misrepresentation against the defendant (International Trade), an English company.
International Trade had contacted Yam Seng in January 2009 inviting negotiations for a distribution agreement, stating that it had ‘recently signed’ a licence agreement relating to the products that it sought to distribute. International Trade had actually only obtained the licence in May 2009. Yam Seng terminated the agreement early citing various breaches by International Trade, including failing to ship orders promptly and refusing to supply certain products after Yam Seng had marketed them…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Ofgem and DECC have jointly published an action plan of measures to encourage the growth of independent energy suppliers.
The Finance Act 2014 will change the economics of using tax avoidance schemes by requiring payment of disputed tax upfront in cases involving numerous marketed tax management schemes,
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents