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Request made on: Saturday, 19 March, 2016 at 12:58 GMT

Client ID: ukfederation

Content Type Journals
Title : Contractual obligations to negotiate in
good faith: faithfulness to the agreed
common purpose
Delivery selection: Current Document
Number of documents delivered: 1

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Journal Article

Contractual obligations to negotiate in good faith: faithfulness to the agreed

common purpose.
Henry Hoskins.
L.Q.R. 2014, 130(Jan), 131-159
[ Law Quarterly Review ]
Publication Date: 2014
Subject: Contracts
Keywords: Agreements; Contract terms; Contractual negotiations; Enforcement; Good faith;
Abstract: Assesses the circumstances in which contractual obligations to negotiate in good faith are
enforceable. Argues that: (1) the objection that such obligations are contrary to public policy, being
analogous to "agreements to agree", is only valid when there is insufficient evidence of the parties'
intention to create legal relations; (2) the courts should take account of the context in which the
obligation was agreed and should construe "good faith" to mean adherence to the agreed common
purpose; and (3) good faith negotiation agreements and clauses can be distinguished.
Cases cited:
Compass Group UK and Ireland Ltd (t/a Medirest) v Mid Essex Hospital Services NHS Trust [2013]
EWCA Civ 200; [2013] B.L.R. 265 (CA (Civ Div))
Petromec Inc v Petroleo Brasileiro SA Petrobras (No.3) [2005] EWCA Civ 891; [2006] 1 Lloyd's Rep.
121 (CA (Civ Div))
Walford v Miles [1992] 2 A.C. 128; Independent, January 29, 1992 (HL)
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