Citation(s) [2013] EWHC 111 | Location England, United Kingdom | |
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Ruling court Court of Appeal of England and Wales Similar Interfoto Picture Library Lt, Attorney General of Belize v B, The Moorcock, Carter v Boehm, Southern Foundries (1926) Lt | ||
Yam Seng Pte Ltd v International Trade Corporation Ltd [2013] EWHC 111 is an English contract law case, concerning the principle of good faith. It posited that English law ought to recognise a limited form of good faith as an implied contract term.
Contents
Facts
In 2009, ITC gave Yam Seng the exclusive right to distribute ‘Manchester United’ fragrances in parts of the Middle East, Asia, Africa and Australia. In July 2010 Yam Seng terminated because ITC allegedly repudiated the agreement by (1) threatening to use another distributor, and (2) breaching the implied term of good faith performance by giving false information through Mr Presswell to Yam Seng’s Mr Tuli.
Judgment
Leggatt J held that there was a duty to be honest, which is part of good faith, and that ITC had made a repudiatory breach of contract.