Good Faith and Commercially Reasonable Manner - CSA Provision: Difference between revisions
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{{fullanat2|csa|9(b)|1995|11(d)|1994}} | {{fullanat2|csa|9(b)|1995|11(d)|1994}} | ||
Whether a merchant should commit himself to dealing in good faith, or in a commercially reasonable manner, is one that vexes a surprising number of attorneys. Especially American ones. The only discomfort it should occasion is to a solicitor’s livelihood, for this magic expression, while doing no more than articulating the basic commercial outlook of a [[good egg]], puts many a tedious negotiation to the sword. Everyone benefits but the officers of Her Majesty's courts. | Whether a merchant should commit himself to dealing in [[good faith]], or in a [[commercially reasonable manner]], is one that vexes a surprising number of attorneys. Especially American ones. The only discomfort it should occasion is to a solicitor’s livelihood, for this magic expression, while doing no more than articulating the basic commercial outlook of a [[good egg]], puts many a tedious negotiation to the sword. Everyone benefits but the officers of Her Majesty's courts. | ||
A {{tag|contract}} is a bond of trust. How would a merchant explain to his counterparty that he wished to reserve for himself the right to act in ''[[bad faith]]''? | |||
As for commercial reasonableness, and that objection I can already see you formulating that it admits shades of doubt, and encourages litigation - well, the great case of {{casenote|Barclays|Unicredit}} should be a source of great succour to you. | |||
and for you Americans, for whom {{casenote|Barclays|Unicredit}} is of persuasive value only, there is the fact that this standard is written into the [[Uniform Commercial Code]]. | |||
===See Also=== | ===See Also=== |