Although this justification appears in some legal opinions, it appears to be only a small part of the explanation for the existence and application of good faith bargaining obligations. The parties opt for a standard as well as in good faith, as it can cover a large number of other actions and objectives. If the protection of reliance investments were the sole objective, simpler methods could protect dependency spending: for example, a simple promise to reimburse reasonable expenses if negotiations fail. We also note that the courts are prepared to apply the undertaking in good faith, with the expectation – and not only on trust – of damages if the complainant proves that a contract would have been entered into if the defendant had acted in good faith. In addition, the facts of many court proceedings reflect the fact that the parties agree to negotiate in good faith, even if the expected investments are low after the interim agreement. The existence of other objectives is reflected in several factual schemes and characteristics of the case law and can be explained by the analysis of the parties` motivations for starting their negotiations. 1. Flexibility and effectiveness ex post.- The parties generally do not wish to make the terms of their interim agreements fully binding, as they need flexibility to deal with an important new phase of negotiations. [78] Given the requirements imposed by contract law, including consensual changes to binding contracts,[79] the parties have more flexibility in agreeing to negotiate in good faith under interim conditions, rather than entering into a binding contract to amend it at a later date. [80] In simple terms, if the parties do not amend an existing contract, they are bound by the original terms; if they fail to amend a previous non-binding agreement, they may abstain from the agreement. This flexibility is particularly important when parties believe that they are receiving new information or are subject to different circumstances, which would reveal a more efficient transaction structure or set of conditions, or that the transaction is ineffective under any conditions.

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