Legal Definitions - fair play

Fair play refers to the principle of acting with honesty, transparency, and impartiality in dealings with another party. It encompasses a commitment to ethical conduct, ensuring that interactions, negotiations, and agreements are conducted with integrity and a genuine respect for mutual understanding and equitable outcomes.

• Example 1: Business Contract Negotiation

  Imagine two companies, "InnovateTech" and "Global Solutions," are negotiating a complex software licensing agreement. During the final review, InnovateTech's legal team discovers a clause that, due to a drafting oversight, could be interpreted in a way that significantly disadvantages Global Solutions, even though it wasn't the intended spirit of their discussions. InnovateTech, demonstrating fair play, proactively brings this ambiguity to Global Solutions' attention and proposes a clearer, mutually beneficial wording, rather than exploiting the loophole for future advantage.

  This illustrates fair play because InnovateTech acts with candor (openness) and equity (fairness) by highlighting a potential issue that could benefit them but would be unfair to the other party, ensuring the agreement reflects the true intent of both sides.

• Example 2: Legal Settlement Discussions

  Consider a personal injury lawsuit where both parties are engaged in settlement discussions. The defendant's legal team uncovers a piece of evidence that, while not strictly required for immediate disclosure under procedural rules, significantly clarifies a minor point of contention in the plaintiff's favor. Rather than withholding this information to gain a slight tactical edge, the defendant's lawyers disclose it to the plaintiff's team, believing that a settlement should be based on the fullest possible understanding of the facts.

  This demonstrates fair play through candor and a commitment to equity. By voluntarily sharing relevant information, the defendant's team prioritizes an honest and just resolution over a purely adversarial strategy.

• Example 3: Post-Contractual Relationship

  A small business owner, Sarah, has a long-term contract with a supplier for raw materials. Due to an unexpected global event, the cost of a specific material suddenly spikes. The contract has a force majeure clause, but it's vaguely worded regarding price adjustments in such unforeseen circumstances. The supplier could technically invoke the clause to demand a much higher price. Instead, the supplier approaches Sarah with a proposal for a temporary, moderate price increase that allows them to cover their costs without crippling Sarah's business, acknowledging their long-standing relationship and the spirit of their original agreement.

  This exemplifies fair play as the supplier acts with fidelity (faithfulness to the spirit of the relationship) and equity (fairness) by seeking a reasonable compromise rather than strictly enforcing a potentially exploitative interpretation of the contract's ambiguity.