Chapter 15 Self-test questions

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. The stark contrast between common law systems and the civil law tradition is often overstated with regard to the notion of 'good faith'. Why? Select all that apply.

Civil law member states of the European Union do not in fact have a common concept of fairness or good faith correct incorrect

English law already recognizes a general doctrine of good faith correct incorrect

Good faith is not a concept wholly unfamiliar to English lawyers correct incorrect

Most European Union member states have not yet adopted the notion of 'good faith' either correct incorrect

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. For what proposition of law does the decision in Walford v Miles stand as authority?

Lock-out agreements are always unenforceable correct incorrect

An agreement to negotiate is an enforceable contract correct incorrect

An agreement to negotiate contained in a lock-in agreement is unenforceable correct incorrect

There is no difference as far as English law is concerned between an obligation to negotiate in good faith and an agreement to use best endeavours correct incorrect

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. For what proposition does the decision of Leggatt J in Yam Seng Pte v International Trade Corporation Ltd stand as authority?

English law recognises and gives effect to a contract to negotiate in good faith correct incorrect

English law routinely implies a good faith duty in performance into all contracts as a matter of law correct incorrect

English law will imply a good faith duty in performance into all commercial contracts irrespective of the intention of the parties correct incorrect

In an appropriate case English law will imply a good faith duty in performance of the contract where such a duty is consistent with the intention of the parties correct incorrect

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