Contractual Good Faith

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Good Faith in Contract

Author : Roger Brownsword
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Good Faith in Contract by : Roger Brownsword

Download or read book Good Faith in Contract written by Roger Brownsword and published by Dartmouth Publishing Company. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Elisabeth Peden
Publisher : Butterworth-Heinemann
ISBN 13 : 9780409319156
Total Pages : 214 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Good Faith in the Performance of Contracts by : Elisabeth Peden

Download or read book Good Faith in the Performance of Contracts written by Elisabeth Peden and published by Butterworth-Heinemann. This book was released on 2003-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Contractual Good Faith

Author : Steven J. Burton
Publisher :
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Contractual Good Faith by : Steven J. Burton

Download or read book Contractual Good Faith written by Steven J. Burton and published by . This book was released on 1995 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Good Faith in European Contract Law

Author : Reinhard Zimmermann
Publisher : Cambridge University Press
ISBN 13 : 9780521771900
Total Pages : 762 pages
Book Rating : 4.7/5 (719 download)

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Book Synopsis Good Faith in European Contract Law by : Reinhard Zimmermann

Download or read book Good Faith in European Contract Law written by Reinhard Zimmermann and published by Cambridge University Press. This book was released on 2000-06-08 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and Fault in Contract Law

Author : Friedman Beatson
Publisher : Turtleback
ISBN 13 : 9780613827263
Total Pages : pages
Book Rating : 4.8/5 (272 download)

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Book Synopsis Good Faith and Fault in Contract Law by : Friedman Beatson

Download or read book Good Faith and Fault in Contract Law written by Friedman Beatson and published by Turtleback. This book was released on 1997-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Contract and Property Law

Author : ADM Forte
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310567
Total Pages : 240 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Good Faith in Contract and Property Law by : ADM Forte

Download or read book Good Faith in Contract and Property Law written by ADM Forte and published by Bloomsbury Publishing. This book was released on 1999-12-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Good Faith in Contract and Property Law

Author : A. D. M. Forte
Publisher :
ISBN 13 : 9781472558893
Total Pages : 211 pages
Book Rating : 4.5/5 (588 download)

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Book Synopsis Good Faith in Contract and Property Law by : A. D. M. Forte

Download or read book Good Faith in Contract and Property Law written by A. D. M. Forte and published by . This book was released on 1999 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Good Faith and Insurance Contracts

Author : Peter MacDonald Eggers
Publisher : Taylor & Francis
ISBN 13 : 1351984004
Total Pages : 1624 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Good Faith and Insurance Contracts by : Peter MacDonald Eggers

Download or read book Good Faith and Insurance Contracts written by Peter MacDonald Eggers and published by Taylor & Francis. This book was released on 2017-12-06 with total page 1624 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Concept of Good Faith in American Law

Author : Edward Allan Farnsworth
Publisher :
ISBN 13 :
Total Pages : 26 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Concept of Good Faith in American Law by : Edward Allan Farnsworth

Download or read book The Concept of Good Faith in American Law written by Edward Allan Farnsworth and published by . This book was released on 1993 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Good Faith in Contractual Performance in Australia

Author : Nurhidayah Abdullah
Publisher : Springer Nature
ISBN 13 : 9811560781
Total Pages : 251 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Good Faith in Contractual Performance in Australia by : Nurhidayah Abdullah

Download or read book Good Faith in Contractual Performance in Australia written by Nurhidayah Abdullah and published by Springer Nature. This book was released on 2020-10-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Good Faith in Sales

Author : Reziya Harrison
Publisher :
ISBN 13 : 9780421585706
Total Pages : 819 pages
Book Rating : 4.5/5 (857 download)

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Book Synopsis Good Faith in Sales by : Reziya Harrison

Download or read book Good Faith in Sales written by Reziya Harrison and published by . This book was released on 1997 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good faith is concerned with the methods devised by the courts to keep misleading or deceptive conduct by parties to sales to the minimum. This book deals with the subject in depth, covering the legal nature of the duty of good faith, insurance and surety transactions, the sale of land, landlord and tenant, the sale of company shares, and dealing with the vulnerable buyer or seller. It covers all aspects of good faith from its historical development to the present. Short summaries of important decisions are given at the end of each chapter, with commentary.

Good Faith in English Law

Author : J. F. O'Connor
Publisher : Dartmouth Publishing Company
ISBN 13 : 9781855210172
Total Pages : 148 pages
Book Rating : 4.2/5 (11 download)

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Book Synopsis Good Faith in English Law by : J. F. O'Connor

Download or read book Good Faith in English Law written by J. F. O'Connor and published by Dartmouth Publishing Company. This book was released on 1990 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

Author : Peng Guo
Publisher : Springer Nature
ISBN 13 : 9811655138
Total Pages : 198 pages
Book Rating : 4.8/5 (116 download)

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

Download or read book Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective written by Peng Guo and published by Springer Nature. This book was released on 2021-11-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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" and Its German Sources

Author : Marietta Auer
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.:/5 (165 download)

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Book Synopsis "Good Faith" and Its German Sources by : Marietta Auer

Download or read book "Good Faith" and Its German Sources written by Marietta Auer and published by . This book was released on 2000 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Good Faith in International Law

Author : J. F. O'Connor
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Good Faith in International Law by : J. F. O'Connor

Download or read book Good Faith in International Law written by J. F. O'Connor and published by Dartmouth Publishing Company. This book was released on 1991 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text considers the origin and development of good faith in legal theory and its role as a fundamental principle in international law. It ranges from the origins of the concept and the first manifestations of the legal principle, to recent decisions of international courts and tribunals.

Standard Contract Terms in Europe

Author : Hugh Collins
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127844
Total Pages : 310 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Standard Contract Terms in Europe by : Hugh Collins

Download or read book Standard Contract Terms in Europe written by Hugh Collins and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.

Contract Law in South Korea

Author : Won-Lim Jee
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511818
Total Pages : 383 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contract Law in South Korea by : Won-Lim Jee

Download or read book Contract Law in South Korea written by Won-Lim Jee and published by Kluwer Law International B.V.. This book was released on 2019-05-15 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Korea covers every aspect of the subject – 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 ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, 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 South Korea will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.