82,891
edits
Template:Good faith capsule: Difference between revisions
no edit summary
Amwelladmin (talk | contribs) (Created page with "===“Good faith and commercially reasonable manner” as a general standard=== Whether a merchant should commit himself to dealing in good faith, or in a comme...") |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 1: | Line 1: | ||
===“[[Good faith]] and [[commercially reasonable manner]]” as a general standard=== | ===“[[Good faith]] and [[commercially reasonable manner]]” as a general standard=== | ||
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 | 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 [[US Attorney|American ones]]. The only discomfort it should occasion is to a solicitor’s<ref>Being an officer of the court, American friends, and not someone who goes door-to-door selling encyclopaedias.</ref> livelihood, for this magic expression, while doing no more than articulating the [[commercial imperative]] and the basic commercial outlook of a [[good egg]], puts many a tedious [[negotiation]] to the sword. | ||
Everyone benefits but officers of Her Majesty's — or (''cough'') the People’s — courts. | |||
As for commercial reasonableness, and that objection I can already see you formulating that it admits shades of doubt, and encourages litigation | 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. <br> | |||
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}}. | |||