Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective

2022 ◽  
Author(s):  
Peng Guo
Keyword(s):  
Good Faith ◽  
Comparative Perspective ◽  
Supply Contracts

scholarly journals Long-term energy supply contracts in European competition policy: Fuzzy not crazy

Energy Policy ◽  
2009 ◽  
Vol 37 (12) ◽  
pp. 5399-5407 ◽  
Author(s):  
Adrien de Hauteclocque ◽  
Jean-Michel Glachant
Keyword(s):  
Competition Policy ◽  
Energy Supply ◽  
Supply Contracts ◽  
Term Energy

scholarly journals GOOD FAITH IN FRANCHISE CONTRACT

2020 ◽  
Vol 5 (19) ◽  
pp. 118-127
Author(s):  
Nurli Yaacob ◽  
Nasri Naiimi
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Relational Contracts ◽  
Law System ◽  
Freedom Of Contract ◽  
Term Contract ◽  
The Common ◽  
Definition Of ◽  
The Right

Good faith has been defined as justice, fairness, reasonableness, decency, taking no chances, and so on. The concept of good faith has long been rooted in contract law under the jurisdiction of Civil law, although the definition of it is still debated until today. However, the view of the Common Law tradition does not recognize the concept of good faith as long as the contract is entered into with the freedom of contract and both parties abide by the terms of the contract. Given that a franchise contract involves a long-term contract and always been developed, it is impossible to define both rights and responsibilities base on express terms only. As such, the franchise contract gives the franchisor the right to exercise its discretion in executing the contract. It is in this context that the element of good faith is very important to ensure that the franchisor does not take advantage of the franchisee and that the business continues to prosper. Therefore, the objective of this article is to discuss the concept of good faith in a franchise contract. The findings show that the common law system that initially rejected the application of the concept of good faith also changed its approach and began to recognize the concept of good faith as it is very important for relational contracts such as franchise contracts.

Long-Term Contracts: Installment and Supply Contracts

2021 ◽  
Author(s):  
Larry A. DiMatteo ◽  
Giuditta Cordero-Moss
Keyword(s):  
Supply Contracts

Can the Asia Pacific market accomodate Australia's LNG projects?

2011 ◽  
Vol 51 (2) ◽  
pp. 677
Author(s):  
John Harris
Keyword(s):  
Asia Pacific ◽  
Pacific Region ◽  
Asia Pacific Region ◽  
Supply Contracts ◽  
Medium Term ◽  
Competitive Position ◽  
Demand Growth ◽  
Project Costs ◽  
Over Time

The portfolio of proposed Australian LNG projects continues to grow. What is the demand outlook for Asia Pacific LNG—and can it absorb the potential volume from these projects? Who are the key importers and what are the demand uncertainties within the Asia Pacific region? Can Australian LNG penetrate markets further afield? What has driven the growth in Australian LNG projects and how many more might emerge? Where are the projects that will compete with Australian LNG? Is Australian LNG competitive relative to other supplies? Are project costs likely to increase further? How is the LNG supply-demand balance likely to develop in the Asia Pacific during the next decade? Is there a looming surplus of LNG and, if so, what would this mean for Australia? Does the outlook presage a buyers’ market or a sellers’ market? Will contract expiries from established LNG exporters increase supply availability in the Asia Pacific? What could this mean for oil indexation and long term LNG contracts? Could alternative pricing mechanisms evolve and will we see an increase in short and medium term supply contracts? This paper examines the outlook for the Asia Pacific LNG market—and the growing role Australian LNG is playing in meeting demand growth. It also reviews Australia’s competitive position and considers the way in which the structure of Asia Pacific LNG contracts may evolve over time.

Tourism and climate change in Mauritius: assessing the adaptation and mitigation plans and prospects

2019 ◽  
Vol 74 (2) ◽  
pp. 204-215 ◽  
Author(s):  
Roopanand Mahadew ◽  
Krishnee Adnarain Appadoo
Keyword(s):  
Climate Change ◽  
Subject Matter ◽  
Design Methodology ◽  
Tourism Industry ◽  
Good Faith ◽  
Content Type ◽  
Normative Framework ◽  
Adaptation And Mitigation

Purpose The purpose of this paper is to assess the extent to which Mauritius has structured its adaptation to and mitigation of the climate change and its effects on the tourism industry based on the UNEP framework on tourism and climate change. Design/methodology/approach The UNEP framework is used as a guideline based on which an assessment of the various policies, laws or regulations existent in Mauritius is carried out. Findings The paper highlights the significant lacunas that exist in Mauritius with regard to this subject matter with measures taken in good faith but not structured and oriented enough to meet long-term goals. Originality/value This paper adds to the meagre literature that exists in Mauritius on the legal or normative framework that exists in Mauritius concerning climate change and the tourism industry.

GOOD FAITH PERFORMANCE IN CANADIAN CONTRACT LAW

2015 ◽  
Vol 74 (1) ◽  
pp. 4-7 ◽  
Author(s):  
Chris D.L. Hunt
Keyword(s):  
International Trade ◽  
General Principle ◽  
Common Law ◽  
Contract Law ◽  
Good Faith ◽  
Hospital Services ◽  
Similar Statement ◽  
General Duty ◽  
Binding Force

IN Mellish v Motteux (1792) 170 E.R. 113, 157, Lord Kenyon observed that “in contracts of all kinds, it is of the highest importance that courts of law should compel the observance of honesty and good faith”. This passage echoes a similar statement by Lord Mansfield 25 years earlier in Carter v Boehm (1766) 97 E.R. 1162, 1910. Despite these early statements of principle, the modern common law has been notoriously hostile to the notion that contracting parties are under a general duty of good faith in the performance of their obligations (see W.P. Yee, “Protecting Parties' Reasonable Expectations: A General Principle of Good Faith” (2001) 1 Oxford U. Commonwealth L.J. 195), and there is certainly “no firm line of modern cases to support such an obligation” in English law (see L.E. Trakman and K. Sharma, “The Binding Force of Agreements to Negotiate in Good Faith” [2014] C.L.J. 598). Nevertheless, some recent decisions in Australia, Canada, and England have begun to imply obligations to perform certain types of promises, in certain classes of contracts, in an honest manner, crafting, in the words of Lord Bingham, “piecemeal solutions in response to piecemeal problems” (Interfoto Picture Library v Stiletto Visual Programmes Ltd. [1989] 1 QB 433, 439 (CA)). A recent English example is Yam Seng Pte Ltd. v International Trade Corporation Ltd. [2013] EWHC 111 (QB) in which Leggatt J. found there to be an implied duty of “honesty” and “fidelity to the bargain” in the context of a long-term distribution contract. Importantly, His Lordship emphasised that whether such obligations can be implied is a matter of construction, which involves ascertaining the parties' objective intentions through conventional techniques such as the principle of business efficacy. As implying such obligations depends entirely on the context of each contract (at paras [137]–[143]) there is, at present, no general principle of good faith performance in English contract law, despite some case-by-case recognition (see Mid-Essex Hospital Services N.H.S. Trust v Compass Group UK and Ireland Ltd. [2013] EWCA Civ 200, at [105], [150]).

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