Subjects:

Contract Law

Contents:

Part I. Setting the Scene:
1. Good faith in European contract law: surveying the legal landscape Simon Whittaker and Reinhard Zimmermann

2. Bona fides in roman contract law Martin Josef Schermaier

3. Good faith in contract law in the medieval IUS commune James Gordley

4. The conceptualization of good faith in American contract law: a general account Robert S. Summers

Part II. The Case Studies: Case 1: Courgettes perishing: Discussions: editors' comparative observations

Case 2: Degas drawing: Discussions: editors' comparative observations

Case 3: Breaking off negotiations: Discussions: editors' comparative observations

Case
4. Formalities I: Discussions: editors' comparative observations

Case 5: Formalities II: Discussions: editors' comparative observations

Case
6. One bag too few: Discussions: Editors' comparative observations

Case 7: Late payment of rent: Discussions: editors' comparative observations

Case 8: Delivery at night: Discussions: editors' comparative observations

Case 9: Uniformity of outfit: Discussions: Editors' comparative observations

Case 10: Dissolution of partnership: Discussions: editors' comparative observations

Case 11: Untested motors working Discussions: editors' comparative observations

Case 12: No use for borrowed motorbike: Discussions: editors' comparative observations

Case 13: Inspecting the books: Discussions: editors' comparative observations

Case 14: Producing new bumpers: Discussions: editors' comparative observations

Case 15: Two cracks in a shed: Discussions: editors' comparative observations

Case 16: Drug causing drowsiness in driving: Discussions: editors' comparative observations

Case 17: Bank miscrediting customer: Discussions: editors' comparative observations

Case 18: Access to medical records: Discussions: editors' comparative observations

Case 19: Doctors swapping practice: Discussions: editors' comparative observations

Case 20: Prescription I: Discussions: Editors' comparative observations

Case 21: Prescription II: Discussions: Editors' comparative observations

Case 22: Sitting on one's rights: Discussions: editors' comparative observations

Case 23: Long term business relationships I: Discussions: editors' comparative observations

Case 24: Long term business relationships II: Discussions: editors' comparative observations

Case 25: Effect of inflation: Discussions: Editors' comparative observations

Case 26: 'Sale' of soccer player: Discussions: editors' comparative observations

Case 27: Disability insurance: Discussions: editors' comparative observations

Case 28: Crop destroyed by hail

Case 29: Divorce settlement: Discussions: editors' comparative observations

Case 30: Penalty for late delivery: Discussions: editors' comparative observations

Coming to terms with good faith Simon Whittaker and Reinhard Zimmermann.

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 marginalised 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 is the first completed project of The Common Core of European Private Law launched at the University of Trento.