Commercial Briefing – Spring 2018 (Part 3)

A Duty of Good Faith and a Principle of Futility in Commercial Contracts?

In this article, Andrew Bowen QC looks at the duty of good faith and principle of futility in commercial contracts.  He examines the case of Astor Management AG v Atalaya Mining Plc [2017] 2 B.C.L.C. 119 and considers how it differs from Justice Leggatt’s earlier decision in the case of Yam Seng Pte Ltd v International Trade Corporation Ltd [2013] EWHC 111 (QB).

This article was first published in Greens Business Law Bulletin, Issue 151 (published December 2017) and on It is reproduced here with the kind permission of Thomson Reuters.


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