Good Faith and Commercially Reasonable Manner - CSA Provision: Difference between revisions

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{{csaanat|9(b)|1995}}
#redirect[[Miscellaneous - CSA Provision]]
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]]. and the {{1994csa}}.
{{sa}}
*[[Good faith]]
*[[Commercially reasonable manner]]
*{{casenote|Barclays|Unicredit}}

Latest revision as of 16:01, 13 May 2024