Good Faith In The Performance Of Contracts
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Author | : Larry A. DiMatteo |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2017-10-26 |
Genre | : Law |
ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author | : Steven J. Burton |
Publisher | : |
Total Pages | : 504 |
Release | : 1995 |
Genre | : Law |
ISBN | : |
Author | : Robert Summers |
Publisher | : Springer Science & Business Media |
Total Pages | : 453 |
Release | : 2013-11-11 |
Genre | : Philosophy |
ISBN | : 9401594074 |
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.
Author | : Kenneth A. Adams |
Publisher | : American Bar Association |
Total Pages | : 276 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9781590313800 |
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 | : Reinhard Zimmermann |
Publisher | : Cambridge University Press |
Total Pages | : 762 |
Release | : 2000-06-08 |
Genre | : Law |
ISBN | : 9780521771900 |
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 | : Elisabeth Peden |
Publisher | : Butterworth-Heinemann |
Total Pages | : 214 |
Release | : 2003-01-01 |
Genre | : Contracts |
ISBN | : 9780409319156 |
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 | : Camilla Baasch Andersen |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 1218 |
Release | : 2010-11-01 |
Genre | : Reference |
ISBN | : 1933833378 |
With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.
Author | : Peter Macdonald Eggers |
Publisher | : Informa Law from Routledge |
Total Pages | : 0 |
Release | : 2024-10-14 |
Genre | : Law |
ISBN | : 9781032917467 |
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.
Author | : Roger Brownsword |
Publisher | : Dartmouth Publishing Company |
Total Pages | : 344 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
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 | : Peter Benson |
Publisher | : Belknap Press |
Total Pages | : 625 |
Release | : 2019-12-17 |
Genre | : Law |
ISBN | : 0674237595 |
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.