Good Faith

Termination Clauses and Good Faith

Saaman Pourghadiri and Patrick Tomison consider termination clauses and good faith in their article entitled “When is the exercise of a termination clause restricted by an implied duty of good faith?” In this note, Saaman Pourghadiri and Patrick Tomison consider when the exercise of a termination clause could be restricted by an implied duty of good faith. The note considers the authorities which appear to suggest that termination clauses are special and ought to be unfettered. Saaman and Patrick then outline how such authorities might be overcome and the basis for doing so. Saaman and Patrick analyse the two principal obstacles to subjecting express termination clauses to an implied term. The full article can be read here. About the Authors…

Legal Blog & Publications, Commercial 25 Oct, 2020