| Commentary

(1) Introduction

| Commentary

D.     Trust, co-operation and reasonableness

(1)     Introduction

The bond of mutual confidence which is said to exist in Equity, and the common law duty of fidelity have provided a base upon which the courts and (in particular) tribunals have constructed more searching contractual questions. The law on the topic has changed considerably over the years and perhaps, therefore, a more discursive treatment may be permitted. It considers the overall definition of the trust and confidence ('T&C') implied term, its derivation from the case law, certain well-known examples of its application, whether it can ever extend to a positive

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