All in good faith
A recent decision suggests there are certain situations in which an agreement to negotiate in good faith may be enforceable
The recent decision of the Court of Appeal in Petromec v Petroleo Brasileiro considered the enforceability of a duty to conduct commercial negotiations in good faith. In reaching its decision on other grounds, the Court distinguished the leading House of Lords authority in Walford & Ors v Miles & Anor on the point. It is hoped that future rulings on this issue will further clarify the extent to which obligations to negotiate in good faith may be enforceable.
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