In recent years, the court have ‘displayed more willingness’ to recognise the concept of a duty of good faith in contractual disputes, Abdulali Jiwaji, partner at Signature Litigation, writes in this week’s NLJ. The Supreme Court’s ruling in Braganza has also influenced contractual interpretation, requiring discretionary decisions under contracts to be rational, honest and not arbitrary
Jwaji explores the courts’ approach to the Braganza duty, both where it has rejected and accepted that such a duty exist. He covers caselaw in the past decade up to present day.
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