Contract

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

Abdulali Jiwaji considers the courts’ application of the Braganza duty in relation to discretionary decisions

Much favoured in finance contracts, asymmetric clauses have been confirmed as valid under EU law: Richard Marshall & Harriet Campbell consider the impact for contracting parties

"This work more than fulfils its stated objective of seeking to be of use both to practitioners and academics alike"

Gustavo Moser sheds light on the nuances of negotiating & enforcing force majeure clauses

Mark Pawlowski on when a promise becomes a declaration of trust

Nicholas Dobson relays the costly tale of a single word in a banking contract

Andrew Francis on the application of three important principles advising upon the meaning & effect of legal documents

Mind the boilerplate small print for danger may lie within, warns Andrew Francis, Serle Court, in this week’s NLJ

What’s the true meaning of ‘consequential loss’? C Haward Soper consults the case law—and that other authoritative source, ChatGPT…