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

Saaman is regularly instructed in commercial, chancery and regulatory disputes with work often involving the intersection of these fields and multiple jurisdictions. Saaman’s commercial and chancery practice is diverse, high value, often engages conflicts of laws issues and comprises both led and unled work. His work spans a wide variety of commercial arrangements, banking and commercial fraud matters.

Patrick is developing a broad commercial practice and has appeared in court in a variety of contractual claims. Patrick’s advisory and drafting work has covered breach of contract, insolvency and restitution claims. He was supervised by David E Grant during pupillage, with whom he was exposed to a broad range of commercial and chancery matters.

Legal Blogs 25 Oct, 2020