Commercial agency and the duty to act in good faith

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Tosato, Andrea (2016) Commercial agency and the duty to act in good faith. Oxford Journal of Legal Studies . pp. 1-35. ISSN 1464-3820

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Abstract

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.

Item Type: Article
RIS ID: https://nottingham-repository.worktribe.com/output/772213
Additional Information: This is a pre-copyedited, author-produced PDF of an article accepted for publication in Oxford Journal of Legal Studies following peer review. The version of record Andrea Tosato Commercial Agency and the Duty to Act in Good Faith first published online January 20, 2016 doi:10.1093/ojls/gqv040 is available online at: http://ojls.oxfordjournals.org/content/early/2016/01/18/ojls.gqv040.abstract
Keywords: Agency, Good Faith, Commercial Agents, EU Private Law, Common Law, Contract Law
Schools/Departments: University of Nottingham, UK > Faculty of Social Sciences > School of Law
Identification Number: 10.1093/ojls/gqv040
Depositing User: Tosato, Dr Andrea
Date Deposited: 08 Jul 2016 12:13
Last Modified: 04 May 2020 17:30
URI: https://eprints.nottingham.ac.uk/id/eprint/34741

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