Yam Seng Private Ltd v International Trade Corporation Ltd — all in good faith?
The courts have recently considered both implied and express duties of good faith arising under English law. Is this likely to herald a sea change in parties’ contractual obligations? For many years, commentators have noted that there is no general overriding duty of good faith under English law. However, parties may include express obligations of good faith in their contracts.
In the case of Yam Seng Private Ltd v International Trade Corporation Ltd  EWHC 111 (QB), the High Court concluded that an implied duty of good faith could arise in a number of contracting relationships outside of those that have traditionally been held to include duties of good faith (such as contracts of employment or contracts involving fiduciary duties). The Yam Seng case was followed relatively quickly by the Court of Appeal decision in Mid Essex Hospital Services NHS Trust v Compass Group UK & Ireland Ltd  EWCA Civ 200, in which the Court of Appeal considered the construction of an express duty of good faith…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?