Commercial agency and the duty to act in good faith
Under Directive 86/653/EEC on the co-ordination of the laws of European Union Member States relating to self-employed commercial agents, commercial agents have an obligation to act ‘dutifully and in good faith’ (the Obligation). This article considers the impact that this general good faith clause h...
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| Format: | Article |
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Oxford University Press
2016
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| Online Access: | https://eprints.nottingham.ac.uk/34741/ |
| _version_ | 1848794925589594112 |
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| author | Tosato, Andrea |
| author_facet | Tosato, Andrea |
| author_sort | Tosato, Andrea |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | Under Directive 86/653/EEC on the co-ordination of the laws of European Union Member States relating to self-employed commercial agents, commercial agents have an obligation to act ‘dutifully and in good faith’ (the Obligation). This article considers the impact that this general good faith clause has had upon the UK legal order. It first analyses the Obligation, assessing its scope, function and content. It then reviews the choices made by the UK legislature in implementing this duty and scrutinises the manner in which it has been construed and applied by UK courts, as well as commentators. Finally, it charts the areas of the pre-existing common law agency rules that are affected by this imported notion and appraises the resulting alterations to the positive law. |
| first_indexed | 2025-11-14T19:23:56Z |
| format | Article |
| id | nottingham-34741 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T19:23:56Z |
| publishDate | 2016 |
| publisher | Oxford University Press |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-347412020-05-04T17:30:56Z https://eprints.nottingham.ac.uk/34741/ Commercial agency and the duty to act in good faith Tosato, Andrea Under Directive 86/653/EEC on the co-ordination of the laws of European Union Member States relating to self-employed commercial agents, commercial agents have an obligation to act ‘dutifully and in good faith’ (the Obligation). This article considers the impact that this general good faith clause has had upon the UK legal order. It first analyses the Obligation, assessing its scope, function and content. It then reviews the choices made by the UK legislature in implementing this duty and scrutinises the manner in which it has been construed and applied by UK courts, as well as commentators. Finally, it charts the areas of the pre-existing common law agency rules that are affected by this imported notion and appraises the resulting alterations to the positive law. Oxford University Press 2016-01-20 Article PeerReviewed Tosato, Andrea (2016) Commercial agency and the duty to act in good faith. Oxford Journal of Legal Studies . pp. 1-35. ISSN 1464-3820 Agency Good Faith Commercial Agents EU Private Law Common Law Contract Law http://ojls.oxfordjournals.org/content/early/2016/01/18/ojls.gqv040.abstract doi:10.1093/ojls/gqv040 doi:10.1093/ojls/gqv040 |
| spellingShingle | Agency Good Faith Commercial Agents EU Private Law Common Law Contract Law Tosato, Andrea Commercial agency and the duty to act in good faith |
| title | Commercial agency and the duty to act in good faith |
| title_full | Commercial agency and the duty to act in good faith |
| title_fullStr | Commercial agency and the duty to act in good faith |
| title_full_unstemmed | Commercial agency and the duty to act in good faith |
| title_short | Commercial agency and the duty to act in good faith |
| title_sort | commercial agency and the duty to act in good faith |
| topic | Agency Good Faith Commercial Agents EU Private Law Common Law Contract Law |
| url | https://eprints.nottingham.ac.uk/34741/ https://eprints.nottingham.ac.uk/34741/ https://eprints.nottingham.ac.uk/34741/ |