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.
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1. Good Faith in Roman Law and Its Transplant to England2. Acceptance of Good Faith in England Until the Mid-19th Century3. Freedom of Contract: The Courts and the Philosophy4. The Decline of Freedom of Contract5. Introduction to Good Faith in Modern Times, and Good Faith in English Law in the 20th and 21st Centuries6. Good Faith and Reasonableness in Contract Law - Other Jurisdictions7. Introduction to Relational Contract Theory and the Work of Ian Macneil8. Other Scholars in the Relational Contract Debate9. Application of Relational Contract Theory: Contractual Interpretation10. The Boundary Between Contract and Tort; Good Faith and Insurance
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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.
Ambitious exploration of the use of good faith and relational contracts in civil and common law jurisdictions
Unrivalled scholarship examining the fundamental doctrines and principles of private law.This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally. The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.
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Produktdetaljer

ISBN
9781509973057
Publisert
2024-10-31
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
296

Forfatter

Biographical note

Anthony Gray is Professor of Law at Bond University, Australia.