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'English law probably does and certainly should recognise a duty to bargain in good faith.' Discuss.
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'English law probably does and certainly should recognise a duty to bargain in good faith.' Discuss. In many legal systems there exists a duty for the parties to act in good faith, however English Law has not explicitly adopted this principal. In this essay I will examine whether such a duty exists in English Law and if such a duty is necessarily desirable. The common law has a reluctance to impose pre-contractual obligations. The main reason for this is to protect the parties' freedom of contract. Were obligations to arise as soon as negotiations have started then parties may find that they have accepted upon themselves obligations without even realising that this was the case. The law also wishes to protect parties' room for manoeuvre and its freedom to bargain and a party needs to be able to revoke an offer right until the last moment prior to acceptance. A further argument is...
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