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About Madalena

Madalena (Maddie) Houlihan advises clients on international arbitration and litigation, primarily in the energy sector. She has represented oil and gas and construction clients in High Court proceedings and arbitrations under the ICC and LCIA rules on matters related to joint operating agreements, FPSO service and charter agreements and large-scale infrastructure projects.

Prior to joining Bracewell, Madalena was an associate and trainee in the London office of a large international law firm.

Credentials

Education

University of Law, London,
L.L.M., L.P.C.
2015
University of Exeter,
LL.B. (Hons)
2014

Bar Admissions

Solicitor of the Senior Courts of England and Wales

Languages

Portuguese – native speaker
Basic Spanish

Affiliations

Lex Anglo-Brasil, Executive Committee

Insights

Insights

Good Faith in English Contract Law

Summary

Under English law, there is no general doctrine of good faith. This means that there is no general obligation to act in good faith during the negotiation of commercial contracts. The exceptions to this rule include where (a) the contract contains an express duty of good faith; (b) there is a contractual discretion and a term of good faith may be implied; or (c) the agreement in question is a ‘relational’ contract giving rise to an implied term of good faith. The term that will be implied will depend on the express provision in question, and the contract as a whole.

 

Noteworthy

Noteworthy