The European Community's proposals for a Common European Sales Law and notions of 'good faith'

The European Community's proposal for a Common European Sales Law, which has been the subject of some very contentious debate and fierce opposition, is aimed at making cross border contracting easier. Despite the opposition this proposal does seem to be developing some momentum. The CESL proposal envisages a set of uniform contract law rules which would form part of the national law of each member state but which would provide a "second regime" of contract law which the parties could elect to apply to their contract. This discussion will look at the main elements of these proposals and, in particular, the obligations of good faith and fair dealing which are included within the draft code.\r
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Paul Golding will also look at recent decisions on 'good faith' in the English law context and the continuing reluctance of the English courts to incorporate such a principle into English law.\r
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Our Expert\r
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Paul Golding\r
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Paul specialises in advising on and negotiating commercial contracts of all kinds. His experience encompasses large-scale IT project and outsourcing contracts, as well as a wide range of other types of commercial agreements. He is a partner in TRG law, a firm which Paul established in 2004 to provide expert advice on commercial contracts in a flexible, low cost environment. Further details are available at www.TRGlaw.com Paul is a regular speaker at IACCM events and organises general contract law updates and liability seminars for IACCM members.