Published January 2000
by Hart Publishing (UK) .
Written in English
|The Physical Object|
|Number of Pages||211|
Whether one's interest is in comparative law or its methodology, the harmonisation of European private law, or good faith in contracts, the publication of this book is a major event and, whatever one makes of the product of this study, there is no question that Zimmerman, his co-editor Simon Whittaker, and the team of contributors are to be congratulated for conceiving of such a book and then delivering it so 5/5(1). Good faith in contract and property law. [A D M Forte;] -- "Good faith is already a familiar concept in international commercial law and a recognised principle of substantive law in several major legal systems. This book, containing the papers delivered at the Symposium on Good Faith in Contract and Property Law held in Aberdeen University in October , 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 Format: Hardcover. Mackaay & Leblanc, The economics of good faith in contract 5 opposed to explicit recognition,12 American law has expressly adopted good faith in the Uniform Commercial Code and in the Restatement of Contracts, 2nd Both documents have inspired various state legislatures to adopt good faith in their by: 6.
GOOD FAITH IN CONTRACT LAW -SOME LESSONS FROM INSURANCE LAW Reuben A. Hasson* In the last few years there has been a flurry of writing in Canada on whether there is a need for a doctrine of "good faith" in contract law.1 One commentator has stated that the requirement of "good. It focuses upon a common central theme - the question of good faith and fair dealing in the law of contract. The book is divided into several parts: the first part is an introduction; part two examines the requirement of good faith and its role in the formation of contracts; part three is concerned with contractual obligations; and part four 5/5(1). That may be because the common law definition of good faith as applied to contracts contains an objective element or it may be that, regardless of the evidence presented as to subjective intent, the Court will necessarily (almost always) find that certain conduct cannot possibly have been undertaken in good faith. Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. It derives from the translation of the Latin term bona fide, and courts use the two terms interchangeably. The term good faith is used in many areas of the law but has special significance in Commercial Law.
Details and specs: Civil Frauds and Good Faith examines the similarities and intersections between contractual good faith duties, the organizing principle of good faith, and the common law tort of civil fraud, or deceit.. The Supreme Court of Canada’s decision in Bhasin changed the landscape of contract law and contractual performance. It introduced the “organizing principle” of. Due to the fact that the 'concept of good faith' historically derives from the common law system, and the fact that English law seeks to protect freedom of contract for fear that the vagueness and subjectivity of obligations such as good faith would create too much uncertainty, the safer approach is to include an obligation expressly in the contract to provide a duty of good faith. The Challenges of Good Faith in Contract Law Codification With Therese Wilson The internationalisation of Australian contract law is an important consideration in a context where Australians are increasingly trading internationally, Australian law firms are merging with international firms and there is a desire to attract international Author: Therese Wilson. 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 5/5(1).