Use Your Discretion: Good Faith Constraints on Discretionary Contractual Powers

Speakers

• Brandon Kain , Partner – McCarthy Tetrault
• Christopher Charlton, Partner – Macfarlanes
• Matthijs Kuijpers, Partner – Stibbe
• Matthieu Brochier, Partner – Darrois Villey Maillot & Brochier

• Spaces: 110
• Venue: MacFarlanes, 20 Cursitor Street, London, EC4A 1LT

What this session will cover

When is a contractual discretion impacted by obligations of good faith – experience and trends in common law and civil law and the implications for doing business.

Commercial parties depend on discretionary powers to make their relationships flexible and workable.  But what are the constraints on that discretion?  Good faith is a well-established obligation for contracting parties in civil law jurisdictions.  In Canada and Australia there is a move towards judicial recognition of good faith as a relevant “”organizing principle”” or feature of contract law.   English courts continue to resist the recognition of  a general duty of good faith.  What impact do these jurisdictional differences and trends have for contracting parties and their legal advisors – in drafting contacts, choice of law, and resolution of disputes.
A panel of experts from the United  Kingdom, Canada, France and the Netherlands will discuss the state of the law and the implications for business choices.