Good Faith In Contract

Author : Roger Brownsword,Norma J. Hird,Geraint G. Howells
Publisher : Dartmouth Publishing Company
Page : 344 pages
File Size : 46,9 Mb
Release : 1999
Category : Buena fe (Derecho)
ISBN : STANFORD:36105060397010

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Good Faith in Contract by Roger Brownsword,Norma J. Hird,Geraint G. Howells Pdf

In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.

Author : Larry A. DiMatteo,Chen Lei
Publisher : Cambridge University Press
Page : 545 pages
File Size : 46,8 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107176324

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Chinese Contract Law by Larry A. DiMatteo,Chen Lei Pdf

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author : A. D. M. Forte
Publisher : Hart Publishing
Page : 241 pages
File Size : 48,8 Mb
Release : 1999
Category : Law
ISBN : 9781841130477

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Good Faith in Contract and Property Law by A. D. M. Forte Pdf

Papers from a symposium held October 1998 at Aberdeen University.

Author : Reinhard Zimmermann,Simon Whittaker
Publisher : Cambridge University Press
Page : 762 pages
File Size : 45,6 Mb
Release : 2000-06-08
Category : Law
ISBN : 0521771900

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Good Faith in European Contract Law by Reinhard Zimmermann,Simon Whittaker Pdf

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

Author : Elisabeth Peden
Publisher : Butterworth-Heinemann
Page : 214 pages
File Size : 55,6 Mb
Release : 2003-01-01
Category : Contracts
ISBN : 0409319155

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Good Faith in the Performance of Contracts by Elisabeth Peden Pdf

Deals with the emerging area of contract law and the role of good faith. It provides a clear overview of the different approaches available to the courts in the development of the doctrine of good faith in relation to the performance of contractual obligations.

Author : Peter MacDonald Eggers,Simon Picken
Publisher : Taylor & Francis
Page : 1624 pages
File Size : 50,6 Mb
Release : 2017-12-06
Category : Law
ISBN : 9781351984003

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Good Faith and Insurance Contracts by Peter MacDonald Eggers,Simon Picken Pdf

Good Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area. This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners.

Author : Steven J. Burton,Eric G. Andersen
Publisher : Unknown
Page : 504 pages
File Size : 40,5 Mb
Release : 1995
Category : Contracts
ISBN : STANFORD:36105060610313

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Contractual Good Faith by Steven J. Burton,Eric G. Andersen Pdf

Author : Friedman Beatson,Jack Beatson,Daniel Friedman
Publisher : Turtleback
Page : 128 pages
File Size : 52,9 Mb
Release : 1997-01
Category : Electronic
ISBN : 0613827260

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Good Faith and Fault in Contract Law by Friedman Beatson,Jack Beatson,Daniel Friedman Pdf

This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. The work discusses the requirement of good faith and its role in the formation ofcontracts, contractual obligations, and Breach of Contract and Remedial Issues.

Author : Peng Guo
Publisher : Springer Nature
Page : 198 pages
File Size : 47,9 Mb
Release : 2021-11-09
Category : Law
ISBN : 9789811655135

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Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective by Peng Guo Pdf

This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract. This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.

Author : Ayşe Nihan Karadayı Yalım
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2019
Category : Commercial law
ISBN : 1780688083

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Interpretation and Gap Filling in International Commercial Contracts by Ayşe Nihan Karadayı Yalım Pdf

This is an overview of interpretation and gap filling mechanisms in international commercial contracts covering CISG, UNIDROIT Principles, PECL and DCFR.

Author : Catherine E Mitchell
Publisher : A&C Black
Page : 280 pages
File Size : 40,8 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782253136

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Contract Law and Contract Practice by Catherine E Mitchell Pdf

An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.

Author : George Letsas,Prince Saprai
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 41,6 Mb
Release : 2014
Category : Law
ISBN : 9780198713012

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Philosophical Foundations of Contract Law by George Letsas,Prince Saprai Pdf

The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.

Author : A. D. M. Forte
Publisher : Unknown
Page : 211 pages
File Size : 55,8 Mb
Release : 1999
Category : Contracts
ISBN : 1472558898

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Good Faith in Contract and Property Law by A. D. M. Forte Pdf

Good faith is already a familiar concept in international commercial law and a recognised principle of substantive law in several major legal systems. In the United Kingdom, however, a role for good faith and, more fundamentally, the issue of whether or not there ought to be a general principle of good faith informing English and Scots contract and property law, are still matters for debate. This book, containing the papers delivered at the Symposium on Good Faith in Contract and Property Law held in Aberdeen University in October 1998, engages in that critical debate. While its central core r.

Author : Robert Summers
Publisher : Springer Science & Business Media
Page : 453 pages
File Size : 49,6 Mb
Release : 2013-11-11
Category : Philosophy
ISBN : 9789401594073

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Essays in Legal Theory by Robert Summers Pdf

The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.

Author : GEOFF R. HALL
Publisher : Unknown
Page : 128 pages
File Size : 53,9 Mb
Release : 2020
Category : Electronic
ISBN : 0433502339

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CANADIAN CONTRACTUAL INTERPRETATION LAW. by GEOFF R. HALL Pdf