[PDF] Good Faith In Contract eBook

Author : Roger Brownsword
Publisher : Dartmouth Publishing Company
Page : 344 pages
File Size : 40,53 MB
Release : 1999
Category : Buena fe (Derecho)
ISBN :

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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
Publisher : Cambridge University Press
Page : 545 pages
File Size : 33,38 MB
Release : 2017-10-26
Category : Law
ISBN : 1107176328

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

Author : Reinhard Zimmermann
Publisher : Cambridge University Press
Page : 762 pages
File Size : 25,85 MB
Release : 2000-06-08
Category : Law
ISBN : 9780521771900

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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 : Kenneth A. Adams
Publisher : American Bar Association
Page : 276 pages
File Size : 49,9 MB
Release : 2004
Category : Law
ISBN : 9781590313800

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The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.

Author : Peng Guo
Publisher : Springer Nature
Page : 198 pages
File Size : 44,32 MB
Release : 2021-11-09
Category : Law
ISBN : 9811655138

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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 : A. D. M. Forte
Publisher : Hart Publishing
Page : 241 pages
File Size : 43,44 MB
Release : 1999
Category : Law
ISBN : 1841130478

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Papers from a symposium held October 1998 at Aberdeen University.

Author : Elisabeth Peden
Publisher : Butterworth-Heinemann
Page : 214 pages
File Size : 25,28 MB
Release : 2003-01-01
Category : Contracts
ISBN : 9780409319156

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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 : ADM Forte
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 15,32 MB
Release : 1999-12-01
Category : Law
ISBN : 1847310567

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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 reflects on good faith from the perspective of a mixed legal system (Scots Law), papers on good faith from an English and European perspective locate the debate, properly, within a broader jurisdictional context.

Author : Robert Summers
Publisher : Springer Science & Business Media
Page : 453 pages
File Size : 35,5 MB
Release : 2013-11-11
Category : Philosophy
ISBN : 9401594074

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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.