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by seabass-labrax
1141 days ago
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This is a case in which the plaintiff claimed that the other party in a very large housing development contract went back on the implied promise of seeking planning permission, and it was ruled in the plaintiff's favour due to this: > Thus, it seems to me that the content of the obligation of utmost good faith in the SPA was to adhere to the spirit of the contract, which was to seek to obtain planning consent for the maximum Developable Area in the shortest possible time, and to observe reasonable commercial standards of fair dealing, and to be faithful to the agreed common purpose, and to act consistently with the justified expectations of the parties. I do not need, it seems to me, to decide whether this obligation could only be broken if QD or CPC acted in bad faith, but it might be hard to understand, as Lord Scott said in Manifest Shipping how, without bad faith, there can be a breach of a "duty of good faith, utmost or otherwise". https://www.casemine.com/judgement/uk/5a8ff77660d03e7f57eac9... |
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