Good Faith Negotiation and Performance of Lease Covenants
Feb 25, 2014 | Article
Written by Wolfgang Kaufmann and Brian Parker
(The Commons Institute Commercial Leasing Essentials Live Webcast 2014)
"Good faith" is a term that is often batted around, but what does it really mean? When does it apply to a commercial lease? It's one of those terms that's difficult, if not impossible, to define; at times described as nothing more than the absence of bad faith.
This paper begins by looking at how the courts have attempted to define the term. We will discover that good faith "can be illustrated but hardly defined".
Armed with an understanding of good faith we will then examine its application to commercial leases.
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