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Contracts

Contracts

1998

Singapore Management University

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Full-Text Articles in Law

Is There A Duty To Negotiate In Good Faith?, Michael Philip Furmston Jul 1998

Is There A Duty To Negotiate In Good Faith?, Michael Philip Furmston

Research Collection School Of Law

One of the most interesting questions concerning modern contract lawyers is whether, and if so when, there may be a duty on parties to a contract to negotiate in good faith? This may seem an odd question for an English lawyer to raise, granted the refusal of the House of Lords in Walford v. Miles [1992] 2 A.C. 128 to recognise even the effectiveness of an agreement to negotiate in good faith but this case has not escaped cogent criticism (Neill (1992) 108 L.Q.R. 405) and it rests on an axiom (that this is a duty which ...