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Supreme Court Of Canada Imposes Good Faith Limits On The Exercise Of Contractual Discretion - Corporate/Commercial Law - Vimarsana News

Supreme Court Of Canada Imposes Good Faith Limits On The Exercise Of Contractual Discretion - Corporate/Commercial Law

Wastech, the Court clarified the content of another doctrine flowing from the organizing principle: the duty to exercise contractual discretion in good faith.  Background Wastech involved a waste transportation company (Wastech) and a corporation responsible for municipal waste disposal (Metro). In 1996, Wastech and Metro entered into a contract for waste disposal services that contemplated disposing waste in three landfills, one of which was much farther away than the others. The contract stated Metro had "absolute discretion" in allocating the amount of waste to go to this farther facility...

Source: mondaq.com
Fiduciary or Contractual? Experts' Duties and Conflicting Interests | White & Case LLP - Vimarsana News

Fiduciary or Contractual? Experts' Duties and Conflicting Interests | White & Case LLP

To embed, copy and paste the code into your website or blog: In the case of (1) Secretariat Consulting Pte Ltd, (2) Secretariat International UK Ltd, (3) Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, the Court of Appeal upheld the decision of the Technology and Construction Court in A Company v (1) X, (2) Y, 3 (Z) [2020] EWHC 809 (TCC) on different grounds. The Court of Appeal found that although an expert may owe fiduciary duties, including a duty to avoid conflicts of interest and a duty of loyalty, there was an express contractual provision on conflicts which was breached. Facts ...