Good Faith and Relational Contracts, Volume 1

Name: Good Faith and Relational Contracts, Volume 1
Brand: Allen & Unwin Aotearoa New Zealand
SKU: 9781509973095
Price: 98.99 NZD
Availability: InStock

Theory, Practice and Future Developments

By Professor Anthony Gray

Series: Hart Studies in Private Law

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Brief Description

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... Read More

Format: Paperback / softback

$98⁹⁹

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Good Faith and Relational Contracts, Volume 1

$98⁹⁹

This innovative study explores the use of the doctrine of good faith and relational contracts in both civil and common law jurisdictions, and looks at its future development.

This innovative study explores the use of the doctrine of good faith and relational contracts in both civil and common law jurisdictions, and looks at its future development.

Description

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.