Good Faith in Contract

Good Faith in Contract
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.

Chinese Contract Law

Chinese Contract Law
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.

A Manual of Style for Contract Drafting

A Manual of Style for Contract Drafting
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.

Good Faith Obligation

Good Faith Obligation
Author: Alex Wan
Publisher: Springer
Total Pages: 0
Release: 2024-10-30
Genre: Law
ISBN: 9789819770342

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.

Research Handbook on International Commercial Contracts

Research Handbook on International Commercial Contracts
Author: Andrew Hutchison
Publisher: Edward Elgar Publishing
Total Pages: 368
Release: 2020-12-25
Genre: Law
ISBN: 178897106X

This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Good Faith in European Contract Law

Good Faith in European Contract Law
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.

Essays in Legal Theory

Essays in Legal Theory
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.

Good Faith in International Law

Good Faith in International Law
Author: J. F. O'Connor
Publisher: Dartmouth Publishing Company
Total Pages: 166
Release: 1991
Genre: Law
ISBN:

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.

Legal Transplants in East Asia and Oceania

Legal Transplants in East Asia and Oceania
Author: Vito Breda
Publisher: Cambridge University Press
Total Pages:
Release: 2019-06-27
Genre: Law
ISBN: 1108577172

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.