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Is a relational contract a legal concept?

Collins, Hugh (2016) Is a relational contract a legal concept? In: Degeling, Simone, Edelman, James and Goudkamp, James, (eds.) Contract in Commercial Law. Thomson Reuters, Toronto, Canada. ISBN 9780455237688

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Abstract

The idea of a relational contract has been discussed in sociology, economics and law. The concept has recently been adopted in a trilogy of decisions in the High Court in the United Kingdom. The paper addresses two questions. What does the idea of a relational contract mean? If the notion of relational contract applies to a contract, does it have particular legal implications for the transaction, such as an expansion of mandatory or supplementary duties of disclosure and obligations to perform in good faith? The paper proposes a concept of relational contracts that emphasises the economic significance of indeterminate implicit obligations and which supports the development of a contextual approach to interpretation and the insertion of implied obligations of co-operation and mutual trust and confidence.

Item Type: Book Section
Official URL: https://legal.thomsonreuters.com.au/contract-in-co...
Additional Information: © 2016 Thomson Reuters
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 18 Nov 2019 11:42
Last Modified: 20 Nov 2019 02:50
URI: http://eprints.lse.ac.uk/id/eprint/102557

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