GOOD FAITH

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Good Faith In European Contract Law

Author : Reinhard Zimmermann
ISBN : 0521771900
Genre : Law
File Size : 88.57 MB
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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 surveys the use or neglect of good faith.
Category: Law

Good Faith In Contract

Author : Roger Brownsword
ISBN : 1855219255
Genre : Law
File Size : 28.86 MB
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In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach. The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.
Category: Law

Good Faith In Contract And Property

Author : A. D. M. Forte
ISBN : 9781841130477
Genre : Law
File Size : 42.77 MB
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Good faith is already a familiar concept in international commercial law and a recognised 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, containing the papers delivered at the Symposium on Good Faith in Contract and Property Law held in Aberdeen University in October 1998, engages in that critical debate. 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, properly, within a broader jurisdictional context.
Category: Law

Contractual Good Faith

Author : Steven J. Burton
ISBN : STANFORD:36105060610313
Genre : Law
File Size : 26.74 MB
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Category: Law

Good Faith And Insurance Contracts

Author : Peter MacDonald Eggers
ISBN : 9781351984003
Genre : Law
File Size : 49.74 MB
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Good Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area. This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners.
Category: Law

Judging In Good Faith

Author : Steven J. Burton
ISBN : 0521477409
Genre : Law
File Size : 47.55 MB
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This book is concerned with the ethics of judging in courts of law. Professor Burton analyzes the grounds, content, and force of a judge's legal and moral duties to uphold the law. He defends two primary theses. The first is the good faith thesis, whereby judges are bound in law to uphold the law, even when they have discretion, by acting only on reasons warranted by the conventional law as grounds for judical decisions. The good faith thesis counters the common view that judges are not bound by the law when they exercise discretion. The second is the permissible discretion thesis, whereby, when exercised in good faith, judicial discretion is compatible with the legitimacy of adjudication in a constitutional democracy under the Rule of Law. The permissible discretion thesis counters the view that judges can fulfill their duty to uphold the law only when the law yields determinate results. Together, these two theses provide an original and powerful theory of adjudication in sharp contrast both to conservative theories that would restrict the scope of adjudication unduly, and to leftist critical theories that would liberate judges from the Rule of Law.
Category: Law

Good Faith Collaboration

Author : Joseph M. Reagle
ISBN : 9780262288705
Genre : Language Arts & Disciplines
File Size : 63.62 MB
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Wikipedia, the online encyclopedia, is built by a community -- a community of Wikipedians who are expected to "assume good faith" when interacting with one another. In Good Faith Collaboration, Joseph Reagle examines this unique collaborative culture. Wikipedia, says Reagle, is not the first effort to create a freely shared, universal encyclopedia; its early twentieth-century ancestors include Paul Otlet's Universal Repository and H. G. Wells's proposal for a World Brain. Both these projects, like Wikipedia, were fuelled by new technology -- which at the time included index cards and microfilm. What distinguishes Wikipedia from these and other more recent ventures is Wikipedia's good-faith collaborative culture, as seen not only in the writing and editing of articles but also in their discussion pages and edit histories. Keeping an open perspective on both knowledge claims and other contributors, Reagle argues, creates an extraordinary collaborative potential. Wikipedia's style of collaborative production has been imitated, analyzed, and satirized. Despite the social unease over its implications for individual autonomy, institutional authority, and the character (and quality) of cultural products, Wikipedia's good-faith collaborative culture has brought us closer than ever to a realization of the century-old pursuit of a universal encyclopedia.
Category: Language Arts & Disciplines

Good Faith

Author : Jane Smiley
ISBN : 1400040655
Genre : Fiction
File Size : 82.50 MB
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Greed. Envy. Sex. Property. In her subversively funny and genuinely moving new novel, Jane Smiley nails down several American obsessions with the expertise of a master carpenter. Forthright, likable Joe Stratford is the kind of local businessman everybody trusts, for good reason. But it’s 1982, and even in Joe’s small town, values are in upheaval: not just property values, either. Enter Marcus Burns, a would-be master of the universe whose years with the IRS have taught him which rules are meant to be broken. Before long he and Joe are new best friends—and partners in an investment venture so complex that no one may ever understand it. Add to this Joe’s roller coaster affair with his mentor’s married daughter. The result is as suspenseful and entertaining as any of Jane Smiley’s fiction.
Category: Fiction

Good Faith In International Law

Author : Robert Kolb
ISBN : 9781509914067
Genre : Law
File Size : 55.85 MB
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There is a great degree of controversy on the proper complexion and role of general principles of law in the international legal order. Opinions range from total rejection of some types of principles to the most enthusiastic endorsement of principles as the necessary oil for the many complex wheels of the legal order. In this book one of the leading public lawyers of his generation explores the concept of good faith and its role in international law. Rather than offer a detailed, comprehensive examination, Kolb aims to map the true points of gravity of the principle of good faith in the international legal order. In so doing, he illustrates how the various legal institutions who operate in the sphere of public international law allow the principle of good faith to unfold.
Category: Law