Agreement Implied Good Faith

At first instance, when Teesside received certain invoices and challenged some of the figures in the invoices, such disputes were in good faith, as the figures did not receive all the information necessary to assess whether the charges were correctly disclosed. The judge agreed that Teesside would need a review process to obtain additional detailed information that will help determine whether the numbers have been correctly reported. For an obligation of good faith to be included in a contract, the applicable test is the same as for the implementation of an essential provision of a contract: in early 2020, the Chancery Court of Russell v Cartwright [2020] EWHC 41 (Ch) examined whether a joint venture agreement between two parties had a duty of good faith. While in some places obligations of good faith were included in the agreement, they were limited to certain issues, not in general, and no party had breached those issues. The key to determining whether Teesside had withheld money in good faith was to identify what amounts had been withheld and why. The judge found certain issues in which Teesside kept amounts in good faith; if amounts have been withheld in a manner other than for these matters, they have not been withheld in good faith. .