137 Cf. Cartwright and Hesselink, pre-contractual liability in European private law, pp. 455-67; Markesinis, S.B., Unberath, H., and Johnston, A., The German Law of Contract – A Comparative Treatise (Oxford 2006), 387Google Scholar. See also Berger, `Harmonisation of European contract law`, p. 877; Collins, H., „Good Faith in European Contract Law“ (1994) 14 O.J.L.S. 229Google Scholar. On a somewhat controversial US decision in 2011, by which a good faith agreement was applied in accordance with an explicit roadmap, which resulted in a pending damages for infringement, see SIGA Technologies Inc. v PharmAthene Inc. (P. Ct., Delaware, CA No. 2627, March 24, 2013).
But should you always stay away from an opportunity to negotiate with friends and family? A strict policy of keeping friends and family out of our business would be impractical and could lead us to miss out on potentially valuable negotiating opportunities. . Read More To underline the importance of interlocking the letter and spirit of an agreement, we are pleased to confront two cases that were negotiated in the same year by different experienced investors and in which subsequent attitudes towards the agreement played a key role. The first involved leading pediatricians seeking help in creating a series of interactive CDs on educational issues. A corporate investor provided capital for a half stake in the new entity that would own all of the doctors` products in that division. The investor helped the doctors create a demo CD, wrote a business plan and marketing materials, and showed the entire package of key people from major software companies. When a publisher expressed his enthusiasm, the doctors surprised the investor by arguing that „he owned too much of the company,“ that „his ideas and reputation were the company,“ and that he was willing to reduce his share. Needless to say, he felt stung after all the time and effort he had invested in the development of the company. When efforts to find a solution are at an impasse, the new company languished and the deal prevented doctors from developing their ideas elsewhere. . . .