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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Data protection handbook

Good Faith in Contract

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ISBN13: 9781855219250
ISBN: 1855219255
Published: July 2000
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print

In many legal systems around the world the doctrine of good faith is recognized as one of the general principles of contract law. Good faith is an elusive idea, taking on different meanings from one context to another. Accordingly, this text examines matters of concept and context. The book tackles the central conceptual question of what is meant by a doctrine of good faith, considers the fundamental question of how good faith controls on the consumer contract terms are to be justified, and presents a view of the development of good faith in the United States and South Africa. The book also presents opposing views on the sense of adopting a good faith principle.

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Good faith in contract - concept and context; positive, negative, neutral - the reception of good faith in English contract law; good faith and pluralism in the law of contract; good faith and consumer contract terms; good faith in consumer contracting; bad faith breach of contract in consumer transactions; good faith in commercial contracts; good faith and the duty of disclosure in commercial contracting - the Nordic experience; the effect of the duty of good faith on a previously common law system - the experience of Israeli law; good faith in the South African law of contract; unconscionable and unfair contracts - an Australian perspective; good faith - interpretation or limitation of contracts? - the power of German judges in financial services; the transformation of ""good faith"" in insurance law.