In recent years it has become increasingly common for parties to a development agreement to agree to act towards one another with “good faith”. The meaning and extent of the obligations on the contracting parties imposed by such clauses is often difficult to ascertain. In this paper Jonathan Upton considers a number of cases in which good faith clauses, implied and express, are discussed and identifies the general principles that apply to development agreements.
An edited version of this article was first published in the Estates Gazette on 15 October 2015.
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