The “Duty to Cooperate” in English and French Contract Law: One Channel, Two Distinct Views

Pedamon, C. and Vassileva, R. 2019. The “Duty to Cooperate” in English and French Contract Law: One Channel, Two Distinct Views. Journal of Comparative Law . 14 (1), pp. 1-25 No 1 (2019).

TitleThe “Duty to Cooperate” in English and French Contract Law: One Channel, Two Distinct Views
TypeJournal article
AuthorsPedamon, C. and Vassileva, R.
Abstract

In Yam Seng, Leggatt J tries to persuade the English legal community that good faith exists in English law. He contends that several duties could be derived from this principle, including a “duty to cooperate”. By examining the scope of cooperation and its relationship with good faith in English and French law, we explore Leggatt J's reasoning in view of the common law-civil law divide and highlight the palpable differences between these two jurisdictions. We suggest that the traditional hostility towards good faith in English law can be overcome if the principle is applied as an extended “duty to cooperate”.

Keywordsduty to cooperate, good faith, England, France, conditional obligation
Article numberNo 1 (2019)
JournalJournal of Comparative Law
Journal citation14 (1), pp. 1-25
ISSN1477-0814
Year2019
PublisherWildy & Sons Ltd
Accepted author manuscript
File Access Level
Open (open metadata and files)
Publication dates
Published01 Jan 2019

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Explore this journal article

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Pedamon, C. 2018. The New French Contract Law and Its Impact on Commercial Law: Good Faith, Unfair Contract Terms and Hardship. in: Heidemann, M. and Lee, J. (ed.) The Future of the Commercial Contract in Scholarship and Law Reform: European and Comparative Perspectives Springer.

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