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Express duty of good faith does not extend to termination and no implied duty of good faith
Practical Law UK Legal Update Case Report 6-528-3166 (Approx. 9 pages)
Express duty of good faith does not extend to termination and no implied duty of good faith
by PLC Construction
In TSG Building Services plc v South Anglia Housing Ltd [2013] EWHC 1151 (TCC), Akenhead J in the Technology and Construction Court (TCC) held that the express good faith clause in the parties' term partnering contract did not extend to acting reasonably when terminating the contract. Also, there was no implied duty of good faith. As such, although the adjudicator had jurisdiction to reach his decision, he reached the wrong conclusion and his decision was not enforced.
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Resource ID 6-528-3166© 2024 Thomson Reuters. All rights reserved.
Published on 15-May-2013
Resource Type Legal update: case report
Jurisdictions
Related Content- England
- Wales