Collins, Hugh 
ORCID: 0000-0002-2142-2208
(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
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: | 01 Apr 2024 08:07 |
| URI: | http://eprints.lse.ac.uk/id/eprint/102557 |
Actions (login required)
 |
View Item |
