20th March 2013
The concept of good faith is one that has prompted the attention of the academic literature over the past decade or so. It is a key concept in most of the Civil law countries whereas it rarely appears per se within the English Common Law. Often considered as a "legal irritant", this concept is nevertheless key in the contemporary construction of European private law.
The recent case rendered by the High Court of Justice in Yam Seng PTE Ltd v International Trade Corporation Ltd triggers that particular theme and allows for the discussion on a possible recognition of a general duty to perform an obligation in good faith in English Law.
In order to fully appraise this case it will be examined through a comparative perspective bringing together European, Common and Civil Law specialists.
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BIICL has recently worked with the German public body, the Gesellschaft fur internationale Zusammenarbeit (GIZ) on a collective redress project....