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Good Faith And Pre Contractual Liability In Commercial Contracts
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Book Synopsis Good Faith and Pre-Contractual Liability in Commercial Contracts by : Luca Ottiero
Download or read book Good Faith and Pre-Contractual Liability in Commercial Contracts written by Luca Ottiero and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of good faith has always governed commercial relationships in civil law countries. However, the correct application and limits of this principle have always been debated. This paper firstly analyses how bona fide is interpreted in Italian contract law, concluding that it aims to preserve the utility of contracts and, unlike ordinary diligence, requires both parties to make a reasonable sacrifice to keep the contract alive. Secondly, the correct classification of culpa in contrahendo within the Italian legal framework is discussed. After considering different points of view, the paper discusses the most recent Italian Supreme Court's decisions, which classify the culpa in contrahendo as a contractual liability arising from “qualified social contact”.For comparative purposes, the analysis then focuses on the presence of good faith requirements in English law. While recognising the absence of a general principle of bona fide, this paper suggests that many remedies in English law often result in the same outcomes. Also, even if English Courts have consistently refused to affirm a good faith requirement in the negotiation stage of contracts (i.e., a culpa in contrahendo), parties are still protected by other means. In this sense, the paper concludes that the two legal systems are not as different as they appear at first sight and affirming that English law does not require parties to act in good faith could be misleading and not entirely correct.
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.
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:
Book Synopsis Precontractual Liability in European Private Law by : John Cartwright
Download or read book Precontractual Liability in European Private Law written by John Cartwright and published by Cambridge University Press. This book was released on 2008 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.
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.
Book Synopsis Good Faith and Fault in Contract Law by : J. Beatson
Download or read book Good Faith and Fault in Contract Law written by J. Beatson and published by . This book was released on 1995 with total page 592 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 of contracts, contractual obligations, and Breach of Contract and Remedial Issues.
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.
Book Synopsis Formation of Contracts and Precontractual Liability by :
Download or read book Formation of Contracts and Precontractual Liability written by and published by . This book was released on 1990 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers originally presented at a symposium organized by the Institute of International Business Law and Practice.
Book Synopsis Good Faith and Relational Contracts by : Anthony Gray
Download or read book Good Faith and Relational Contracts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2024-10-31 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.
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.
Book Synopsis Good Faith in Contract Law by : CHRISTINA. PERRY
Download or read book Good Faith in Contract Law written by CHRISTINA. PERRY and published by . This book was released on 2024-10-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining detailed legal analysis with commercial guidance, this book examines the law relating to good faith in commercial contracts and the practical, procedural and legal issues that arise in respect of this often contentious area. Christina Perry evaluates express and implied good faith obligations in common and civil law contracts, as well as in commercial, employment, insurance, partnership and agency agreements. Key Features: Compares various areas of the law which are not often studied together Provides in-depth evaluation of recent cases and case law in relation to good faith in commercial contracts Discusses the obligation to exercise contractual discretion in good faith, following the leading case of Braganza v BP Shipping Ltd [2015] Assesses the treatment of good faith in contracts in common law jurisdictions such as the United States, and in civil law jurisdictions such as France and Germany This book is an essential resource for lawyers, both in-house and in private practice, who are responsible for advising clients on the negotiation and drafting of commercial contracts. It is also a helpful reference for students and scholars of commercial law, consumer law, employment law, finance and banking law, and insurance law.
Book Synopsis Chinese Contract Law by : Larry A. DiMatteo
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Download or read book Good Faith Obligation written by Alex Wan and published by Springer. This book was released on 2024-10-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a study on the relevance of good faith obligation with a specific focus on Australia and China. Good faith has been hailed as one of the most important unresolved contractual issues in contract law. There have been numerous judicial approaches over the years to articulate a baseline for good faith application; however, the direction taken in dealing with this important issue is generally unsatisfactory, both in producing a coherent understanding of the role and sustaining a uniform application of good faith in contracts. This book concentrates on examining whether the continued relevance of good faith in arm’s length contractual relationships based on the reasonable expectations of the contracting parties can be maintained. To accomplish this, good faith is examined by revisiting the legal approaches from a comparative perspective in understanding whether there is a continuing role for good faith in commercial contracts.
Book Synopsis A Comparative Study of Good Faith, Fair Dealing, and Precontractual Liability by : Nadia E. Nedzel
Download or read book A Comparative Study of Good Faith, Fair Dealing, and Precontractual Liability written by Nadia E. Nedzel and published by . This book was released on 2015 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Article begins by defining the duty of good faith under French and American law and discussing the interplay between the underlying contract and tort theories. The second part of the Article will focus on the point at which the duty may arise in the course of negotiations. Third, the measure of damages under both schemes will be discussed. Finally, the differences will be examined in light of the good faith requirement delineated in the Vienna Sales Convention, article 7,5 and as expanded upon in Unidroit principles articles 1.7 and 2.15.6 The comparison of French and American approaches to the existence and nature of a precontractual duty of good faith shows that efforts to harmonize the two approaches are likely to be successful once attorneys become familiar with the scope and nature of such a duty. The Article will conclude with some recommendations for facilitating the development of law in both jurisdictions.
Book Synopsis Reliance in the Breaking-Off of Contractual Negotiations by : Isabel Margarita Zuloaga Ríos
Download or read book Reliance in the Breaking-Off of Contractual Negotiations written by Isabel Margarita Zuloaga Ríos and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the theoretical basis of precontractual liability for the unilateral breaking-off of negotiations from a comparative perspective. It argues that, in the selected civil law jurisdictions (Germany, France and Chile), the true basis of this liability is the notion of 'reliance' and it distinguishes two dimensions of reliance: 'trust-based' and 'expectation-based'. For the selected civil law jurisdictions it can be observed that trust-based reliance merges with the general principle of good faith and that the expectation dimension emanates from the trust-dimension. Therefore, Reliance in the Breaking-Off of Contractual Negotiations argues that this innovative theoretical approach to the foundations of precontractual liability could have important practical consequences in jurisdictions that do not embrace a general principle of good faith, such as English law. If the analysis is shifted from good faith to the notion of reliance, English law could develop a less fragmented approach and encompass cases that are currently devoid of protection. How legal changes could be implemented without establishing a general principle of precontractual liability is explored in the final chapter of the book. In a constantly evolving world where international trade is ever-growing, precontractual liability, particularly for breaking off negotiations, is a topic of constant development by legal scholars and the judiciary and of increasing importance for practitioners, judges and academics, with significant consequences for negotiating contracts both at a national and at a transnational level. DR ISABEL ZULOAGA is Assistant Professor of Commercial Law at Pontificia Universidad Católica de Chile (Santiago, Chile). She has been a Becas Chile Scholar and completed both DPhil and MJur at the University of Oxford, United Kingdom. She is a Member of the British Institute of International and Comparative Law (BIICL), the International Bar Association (IBA) and the Chilean Lawyer's Association (Colegio de Abogados de Chile).
Book Synopsis Precontractual Liability and Good Faith by : Franck David
Download or read book Precontractual Liability and Good Faith written by Franck David and published by . This book was released on 1997 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Good Faith and Relational Contracts by : Anthony Gray
Download or read book Good Faith and Relational Contracts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2024-10-31 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.
