Implied Terms and Good Faith

Over many years, the courts have established a series of rules concerning implication of terms yet confusion still persists about how these rules will be applied in practice. Likewise, the concept of good faith is increasingly seen in contracts but the meaning of this phrase and the interpretation of such duties can often lead to argument.

This webinar summarises all the key rules and applies them through a series of case studies.

Topics for discussion will include:

Implied Terms

• Terms implied in fact v terms implied in law
• Application of the business efficacy and officious bystander tests in recent case law
• Additional considerations

Meaning of good faith

• Commercially unacceptable behaviour
• Fidelity to bargain

Express duties of good faith

• Enforceability
• Interpretation

Implied duties of good faith

• Implied in fact or in law?
• ‘Relational contracts’
• No contradiction

Top 3 takeaways from the webinar:

• Understand the concept of implied terms
• Draft enforceable express duties of good faith
• Be aware of the risks relating to implied duties of good faith

Who this is for:

Lawyers and non-lawyers with an interest in contracts

Level of expertise:

All Levels – this can be picked up throughout anyone’s professional career regardless of experience

CPD hours:

This webinar provides you with 1 hour of learning.

Attendees will receive a CPD certificate upon completion of this course.

Learning objectives:

• To understand the implied terms tests
• To consider the meaning of good faith
• To comprehend the likely interpretation of an express duty of good faith
• To understand the issues concerning implied duties of good faith