Introduction

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book discusses the basis on which a duty to cooperate could be incorporated into symbiotic contracts. It examines various definitions of cooperation in contract, from academics and from the notion of good faith. A symbiotic contract is one in which active cooperation is required to make the contract work, to make it a success. The book also examines remedies and legal process and considers whether abandoning implying terms and employing commercial construction would provide coherence. The book demonstrates that commercial expectations are that cooperation in the day-to-day work is vital in a commercial context. It argues that commercial expectation is based on party respect for the deal, on a perceived need for successful performance, hedged by realism and a pragmatic approach.