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Vol 23 No 6 June/July 2018

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Data protection handbook

Good Faith in Contract and Property

Edited by: A.D.M. Forte

ISBN13: 9781841130477
ISBN: 1841130478
Published: December 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00

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Good faith is already a familiar concept in international commercial law and a recognized 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 covers the debate, containing papers delivered at the Symposium on Good Faith in Contract and Property Law held at Aberdeen University in October 1998. 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 within a broader jurisdictional context.

Contract Law
Introduction, A.D.M. Forte; good faith in the Scots law of contract - an undisclosed principle? - introduction, what is good faith in contract law?, Scots law, the utility of recognising a good faith principle, culpa in contrahendo, Scots law on pre-contractual liability, conclusion; good faith - a matter of principle?, Ewan G. McKendrick - introduction, good faith in other jurisdictions, is English law really so different?, an aversion to general principles, contracting for good faith, the global economy, challenging rules which do not presently conform with good faith, the need for clarity; good faith in contracting - a sceptical view, Joseph M. Thomson - introduction, what is good faith?, good faith and consumers, conclusions; good faith and utmost good faith - insurance and cautionary obligations in Scots law, A.D.M. Forte - introduction, insurance and the concept of utmost good faith, cautionary obligations and the principle of good faith, good faith beyond insurance and caution; good faith in Scots property law, D.L. Carey Miller - introduction, common law contexts, statutory contexts, conclusions; good faith and the doctrine of personal bar, J.W.G. Blackie - introduction, the ambit of personal bar, the first model - an original pure principle of personal bar, English law as a solution?, consent based models, the reliance on representational model, the equity model, a good faith model, negligence, fraud, the instinctual nature of good and bad faith, three pary cases and their resolution, good faith shields have spikes, conclusions; good faith - a principled matter, Scott C. Styles - introduction, existence and absence of a good faith principle - institutional reasons, existence and absence of a good faith principle - legal cultural reasons, parliamentary or judicial law reform?, good faith - imposition or implied term?, contracts and community values, good faith - an uncertain principle?, contractual certainty and the limits of language, exclusion causes, undue influence and duress, equity - a less certain principle than good faith?, good faith - an undisclosed but weak principle?, conclusion; good faith in consumer contracts - rule, policy and principle, Chris Willett: introduction, the good faith rule - some introductory comments, European consumer policy, the good faith rule revisited, objective or subjective good faith?, a general principle of good faith, concluding comment.