Is a relational contract a legal concept?
The idea of a relational contract has been discussed in sociology, economics and law. The concept has recently been adopted in a trilogy of decisions in the High Court in the United Kingdom. The paper addresses two questions. What does the idea of a relational contract mean? If the notion of relational contract applies to a contract, does it have particular legal implications for the transaction, such as an expansion of mandatory or supplementary duties of disclosure and obligations to perform in good faith? The paper proposes a concept of relational contracts that emphasises the economic significance of indeterminate implicit obligations and which supports the development of a contextual approach to interpretation and the insertion of implied obligations of co-operation and mutual trust and confidence.
| Item Type | Chapter |
|---|---|
| Departments | Law School |
| Date Deposited | 18 Nov 2019 11:42 |
| URI | https://researchonline.lse.ac.uk/id/eprint/102557 |