Contractual Good Faith


Contractual Good Faith
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Good Faith In Contract


Good Faith In Contract
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Author : Roger Brownsword
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1999

Good Faith In Contract written by Roger Brownsword and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Buena fe (Derecho) categories.


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.



Contractual Good Faith


Contractual Good Faith
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Author : Steven J. Burton
language : en
Publisher:
Release Date : 1995

Contractual Good Faith written by Steven J. Burton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Contracts categories.




Good Faith In The Performance Of Contracts


Good Faith In The Performance Of Contracts
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Author : Elisabeth Peden
language : en
Publisher: Butterworth-Heinemann
Release Date : 2003-01-01

Good Faith In The Performance Of Contracts written by Elisabeth Peden and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Contracts categories.


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.



Good Faith And Fault In Contract Law


Good Faith And Fault In Contract Law
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Author : Friedman Beatson
language : en
Publisher: Turtleback
Release Date : 1997-01

Good Faith And Fault In Contract Law written by Friedman Beatson and has been published by Turtleback this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01 with categories.


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.



Good Faith In European Contract Law


Good Faith In European Contract Law
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Author : Reinhard Zimmermann
language : en
Publisher: Cambridge University Press
Release Date : 2000-06-08

Good Faith In European Contract Law written by Reinhard Zimmermann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-06-08 with Law categories.


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.



Good Faith In Contract And Property Law


Good Faith In Contract And Property Law
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Author : ADM Forte
language : en
Publisher: Bloomsbury Publishing
Release Date : 1999-12-01

Good Faith In Contract And Property Law written by ADM Forte and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-12-01 with Law categories.


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.



Chinese Contract Law


Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26

Chinese Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.


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



Good Faith And Insurance Contracts


Good Faith And Insurance Contracts
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Author : Peter MacDonald Eggers
language : en
Publisher: Taylor & Francis
Release Date : 2017-12-06

Good Faith And Insurance Contracts written by Peter MacDonald Eggers and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-06 with Law categories.


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.



Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective


Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective
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Author : Peng Guo
language : en
Publisher: Springer Nature
Release Date : 2021-11-09

Good Faith In Long Term Relational Supply Contracts In The Context Of Hardship From A Comparative Perspective written by Peng Guo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-09 with Law categories.


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.



Good Faith In Contract And Property Law


Good Faith In Contract And Property Law
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Author : A. D. M. Forte
language : en
Publisher:
Release Date : 1999

Good Faith In Contract And Property Law written by A. D. M. Forte and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Contracts categories.


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.