Good Faith In Contractual Performance In Australia
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Good Faith In Contractual Performance In Australia
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Author : Nurhidayah Abdullah
language : en
Publisher: Springer Nature
Release Date : 2020-10-01
Good Faith In Contractual Performance In Australia written by Nurhidayah Abdullah and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-01 with Law categories.
This book gives a detailed account of the current state of the law concerning good faith in contractual performance in Australia, through an empirical study on its reception and development across the various Australian jurisdictions. In Australia, good faith received wide attention after Priestly J introduced in his obiter comments in Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234.This book focuses on the attitude of the judges to good faith, the definition of good faith, and the possibility of legislating a good faith obligation in Australian contract law. This book also discusses the issues surrounding its development, its meaning, and acceptance at the international level.The empirical legal research adopted in this book will offer a significant contribution in understanding the concept of good faith in Australia from the empirical perspective.
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 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.
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.
Legal Transplants In East Asia And Oceania
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Author : Vito Breda
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-27
Legal Transplants In East Asia And Oceania written by Vito Breda 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 2019-06-27 with Law categories.
This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.
Contract
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Author : Jeannie Marie Paterson
language : en
Publisher: Lawbook Company
Release Date : 2009
Contract written by Jeannie Marie Paterson and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Contracts categories.
CONTRACT: CASES AND MATERIALS 11th Edition provides students with essential resources for studying contract law in Australia. Contemporary cases which continue to shape contract law have been included in this new edition, while historically important cases have been retained to ensure students have a full picture of the law of contract as it stands today. Appendix: The Trade Practices Act 1974 (Cth).
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.
Principles Of Contract Law
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Author : Jeannie Paterson
language : en
Publisher:
Release Date : 2015
Principles Of Contract Law written by Jeannie Paterson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Commercial law categories.
Principles of Contract Law, 5th Editionremains Australias premier text for students of contract law. The new edition has been significantly revised in light of recent developments. Paterson, Robertson & Duke at University of Melbourne.
Contract Law In Australia
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Author : Eugene Clark
language : en
Publisher:
Release Date : 2013
Contract Law In Australia written by Eugene Clark and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Contracts categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Australia covers every aspect of the subject and– definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of and‘considerationand’ or and‘causeand’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of and‘relative effectand’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
The Construction And Performance Of Commercial Contracts 2nd Edition
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Author : William Duncan
language : en
Publisher:
Release Date : 2018-06-30
The Construction And Performance Of Commercial Contracts 2nd Edition written by William Duncan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-30 with categories.