Good Faith, Fiduciary Duties and Braganza in Partnerships, LLPS and ELPS
- the extension of the duty of good faith in contract law;
- the importation of public law duties into private corporate decision making; exploring their effect on relations and decision making in partnerships, LLPs and ELPs.
Including:
- When will a contractual duty of good faith be implied? How does it differ from a fiduciary duty?
- What are relational contracts?
- What fetters are there on decision makers? When do Braganza duties arise and can they be overridden by contract?
- Down the rabbit hole: if the decision is irrational – what then?
