Contractual Good Faith Download Ebook PDF Epub Online

Author : Peter MacDonald Eggers
Simon Picken
Publisher : Taylor & Francis
Release : 2017-12-06
Page : 742
Category : Law
ISBN 13 : 1351984004
Description :


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 : Steven J. Burton
Eric G. Andersen
Publisher :
Release : 1995
Page : 464
Category : Contracts
ISBN 13 :
Description :



Author : Gregory Klass
George Letsas
Publisher : OUP Oxford
Release : 2014-12-18
Page : 500
Category : Law
ISBN 13 : 019102208X
Description :


In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.


Author : Friedman Beatson
Jack Beatson
Publisher : Turtleback
Release : 1997-01
Page :
Category :
ISBN 13 : 9780613827263
Description :


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.


Author :
Publisher :
Release :
Page :
Category :
ISBN 13 : 0199731403
Description :



Author : Elisabeth Peden
Publisher : Butterworth-Heinemann
Release : 2003-01-01
Page : 214
Category : Contracts
ISBN 13 : 9780409319156
Description :


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 : Nurhidayah Abdullah
Publisher : Springer Nature
Release : 2020-10-01
Page : 251
Category : Law
ISBN 13 : 9811560781
Description :


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.


Author : Larry A. DiMatteo
Martin Hogg
Publisher : Oxford University Press
Release : 2016-01-09
Page : 469
Category : Contracts
ISBN 13 : 0198728735
Description :


Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these twojurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioural analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formationand defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved,and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.


Author : ADM Forte
Angelo D. M. Forte
Publisher : Hart Publishing
Release : 1999
Page : 211
Category : Law
ISBN 13 : 1841130478
Description :


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.


Author : Larry A. DiMatteo
Chen Lei
Publisher : Cambridge University Press
Release : 2017-10-26
Page : 518
Category : Law
ISBN 13 : 1107176328
Description :


A unique comparative analysis of Chinese Contract Law accessible to lawyers from civil, common, and mixed law jurisdictions.


Author : Rugwizangoga Marcellin
Publisher : LAP Lambert Academic Publishing
Release : 2015-06-22
Page : 52
Category :
ISBN 13 : 9783659720642
Description :


The objective of this book was to critically analyse how good faith affects freedom of contract, and explore how good faith can lead to a balanced interest of the parties involved in pre-contractual relationship and the two concepts of good faith and freedom of contract was the cores of this research in regards to negotiation contrary to good faith and fair dealing. Taking into account Civil Law system, the application of good faith is strict and observed. This is because it is recognized in all stages of contract life. Such as pre-contractual as well as in performance of contract. So good faith is presented as an over-arching principle that restricts the freedom of contract, as standards of behaviour, element of interpretation, adaptation, avoidance etc... By contrast, the common Law system does not recognise the strict application of good faith, in contract. The contenders of this argue that each party must take into account their own interest; that they are free to enter, to withdrawal, at any time and for any reason.


Author : Mohammed I. O. Al-Othman
Publisher :
Release : 2005
Page : 792
Category :
ISBN 13 :
Description :



Author : Roger Brownsword
Norma J. Hird
Publisher : Dartmouth Publishing Company
Release : 1999
Page : 326
Category : Law
ISBN 13 :
Description :


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 : Robert Summers
Publisher : Springer Science & Business Media
Release : 2013-11-11
Page : 445
Category : Philosophy
ISBN 13 : 9401594074
Description :


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 : Won-Lim Jee
Jung Won (Jamie) Jun
Publisher : Kluwer Law International B.V.
Release : 2019-05-15
Page : 216
Category : Law
ISBN 13 : 9403511818
Description :


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.


Author : Haemala Thanasegaran
Publisher : Springer
Release : 2016-01-22
Page : 233
Category : Law
ISBN 13 : 9811003831
Description :


This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia. The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.


Author : Vito Breda
Publisher : Cambridge University Press
Release : 2021-04-08
Page : 354
Category : Law
ISBN 13 : 9781009001830
Description :


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.


Author : Itsejuwa Esanjumi Sagay
Publisher :
Release : 1985
Page : 587
Category : Contracts
ISBN 13 :
Description :



Author : Reinhard Zimmermann
Daniel Visser
Publisher : Oxford University Press
Release : 1996
Page : 892
Category : History
ISBN 13 : 9780198260875
Description :


This work provides a history of the main institutions of South African private law, as well as exploring the process through which the integration of English common law and continental civil law was achieved in that jurisdiction. It is a first stepping stone in the writing of the history of private law in South Africa.


Author : Charles Fried
Publisher : Oxford University Press
Release : 2015-04-15
Page : 200
Category : Law
ISBN 13 : 0190240180
Description :


Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.