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. | ||
The great case of {{casenote|Barclays|Unicredit}} should be a source of great succour. | |||
===See Also=== | ===See Also=== | ||
*[[ | *[[Good faith]] | ||
*[[Commercially reasonable manner]] | *[[Commercially reasonable manner]] | ||
*{{casenote|Barclays|Unicredit}} |
Revision as of 10:25, 7 December 2016
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.
The great case of Barclays v Unicredit should be a source of great succour.