|
|
Line 1: |
Line 1: |
| {{csaanat|9(b)|1995}} | | {{csaanat|9(b)|1995}} |
| {{csa gfcrm|csa}} | | {{csa gfcrm|csa}} |
| 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.
| | {{good faith capsule}} |
| | |
| 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}}. | | 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}} | | {{sa}} |