Contract Law by Jan M. Smits

Contract Law by Jan M. Smits

Author:Jan M. Smits [Smits, Jan M.]
Language: eng
Format: epub
Published: 2017-06-14T00:00:00+00:00


(3) If the parties fail to reach agreement within a reasonable period, the court may:

(a) end the contract at a date and on terms to be determined by the court; or

(b) adapt the contract in order to distribute between the parties in a just and equitable manner the losses and gains resulting from the change of circumstances.

In either case, the court may award damages for the loss suffered through a party refusing to negotiate or breaking off negotiations contrary to good faith and fair dealing.

B. English law: no general principle of good faith



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