Good Faith in Commercial Contracts

The talk considers the ongoing judicial reaction to Yam Seng v ITC, including a recent Supreme Court decision, Braganza v BP Shipping, and addresses the extent to which English law is moving towards an implied duty of good faith in commercial contracts.  This is of considerable practical relevance, given the increasing trend for claimants to plead duties of good faith and co-operation in the context of, for example, long-term financing arrangements between a lender and a company or agreements to supply essential stock for businesses.