Implied terms: the foundation in good faith and fair dealing

Collins, Hugh ORCID: 0000-0002-2142-2208 (2014) Implied terms: the foundation in good faith and fair dealing. Current Legal Problems, 67 (1). 297 - 331. ISSN 0070-1998

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Abstract

With the aim of clarifying English law of implied terms in contracts and explaining their basis in the idea of good faith in performance, it is argued first that two, but no more, types of implied terms can be distinguished (terms implied in fact and terms implied by law), though it is explained why these types are frequently confused. Second, the technique of implication of terms is distinguished in most instances from the task of interpretation of contracts. Third, it is argued that ideas of good faith and fair dealing should be acknowledged as central to the implication of terms, though different notions of good faith apply to terms implied in fact and terms implied by law. Finally, it is possible to identify a group of contracts (networks) that share an intensified economic logic of both competition and co-operation arising from their structure as a quasi-integrated production regime which require intensified duties of loyalty and co-operation implied by law.

Item Type:	Article
Official URL:	https://academic.oup.com/clp
Additional Information:	© 2014 The Author
Divisions:	Law
Subjects:	K Law > K Law (General)
Date Deposited:	16 Sep 2019 15:03
Last Modified:	06 Apr 2024 19:45
URI:	http://eprints.lse.ac.uk/id/eprint/101641

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