A recent case determined by the Chancery Division of the High Court of England and Wales – Cathay Pacific Airways Limited v. Lufthansa Technik AG [2020] EWHC 1789 (Ch) - provides an interesting insight as to the circumstances and manner in which apparently unfettered rights of parties under commercial contracts may or may not be constrained by the implication of terms. In particular, it considers whether the exercise of contractual rights may be constrained by the implication of terms, including as to “good faith” and or whether they may be subject to considerations to act rationally.
Read the full article here.
