Legislation and Case Notes: Agreements to Negotiate in Good Faith

Singapore Journal of Legal Studies, p.212, July 2013

11 Pages Posted: 4 Oct 2013

See all articles by Joel Lee

Joel Lee

National University of Singapore (NUS) - Faculty of Law

Date Written: July 31, 2013

Abstract

It has been the position for quite some time in English jurisprudence that an agreement to agree and an agreement to negotiate are invalid and unenforceable. This was the position established in Walford v. Miles and Courtney & Fairbairn Ltd. v. Tolaini Brothers (Hotels) Ltd. The rationale for this was that such agreements were too uncertain to be enforceable. This is certainly true for an agreement to agree; one could not accurately predict whether an agreement is possible in every case especially when there may be structural constraints to the factual matrix that make an agreement impossible.

Suggested Citation

Lee, Joel, Legislation and Case Notes: Agreements to Negotiate in Good Faith (July 31, 2013). Singapore Journal of Legal Studies, p.212, July 2013, Available at SSRN: https://ssrn.com/abstract=2335324

Joel Lee (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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