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certaintyagreement to negotiategood faith
Toulson LJ in BBC Worldwide Ltd v Bee Load Ltd
[2007] EWHC 134 (Comm)
Key Principle
An agreement obliging the parties to engage in good-faith discussion or negotiation about a future variation is too uncertain to be enforceable where it supplies no objective criteria by which a court could determine whether any particular request should be considered favourably, so such a 'good faith' clause is unenforceable for lack of certainty.
Area of Law
General
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