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
Date Written: July 31, 2013
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.
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