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).
| Title | The “Duty to Cooperate” in English and French Contract Law: One Channel, Two Distinct Views |
|---|---|
| Type | Journal article |
| Authors | Pedamon, 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”. |
| Keywords | duty to cooperate, good faith, England, France, conditional obligation |
| Article number | No 1 (2019) |
| Journal | Journal of Comparative Law |
| Journal citation | 14 (1), pp. 1-25 |
| ISSN | 1477-0814 |
| Year | 2019 |
| Publisher | Wildy & Sons Ltd |
| Accepted author manuscript | File Access Level Open (open metadata and files) |
| Publication dates | |
| Published | 01 Jan 2019 |