GOOD FAITH

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Good Faith In European Contract Law

Author : Reinhard Zimmermann
ISBN : 0521771900
Genre : Law
File Size : 73.25 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 : 83.48 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 : 60.56 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

Judging In Good Faith

Author : Steven J. Burton
ISBN : 0521477409
Genre : Law
File Size : 31.47 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 And Insurance Contracts

Author : Peter MacDonald Eggers
ISBN : 9781351984003
Genre : Law
File Size : 41.44 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

Good Faith Collaboration

Author : Joseph M. Reagle
ISBN : 9780262288705
Genre : Language Arts & Disciplines
File Size : 75.44 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

In Good Faith

Author : Jessie Mitchell
ISBN : 9781921862106
Genre : Aboriginal Australians
File Size : 75.56 MB
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In the early decades of the 19th century, Indigenous Australians suffered devastating losses at the hands of British colonists, who largely ignored their sovereignty and even their humanity. At the same time, however, a new wave of Christian humanitarians were arriving in the colonies, troubled by Aboriginal suffering and arguing that colonists had obligations towards the people they had dispossessed. These white philanthropists raised questions which have shaped Australian society ever since. Did Indigenous Australians have rights to land, rationing, education and cultural survival? If so, how should these be guaranteed, and what would people have to give up in return? Would charity and paternalism lead to effective government or dismal failure - to a powerful defence of an oppressed people, or to new forms of oppression? In Good Faith? paints a vivid picture of life on Australia's first missions and protectorate stations, examining the tensions between charity and rights, empathy and imperialism, as well as the intimacy, dependence, resentment and obligations that developed between missionary philanthropists and the people they tried to protect and control. In this work, Mitchell brings to life hitherto neglected moments in Australia's history, and traces the origins of dilemmas still present today.
Category: Aboriginal Australians

Good Faith

Author : David Kinnaman
ISBN : 9781493401482
Genre : Religion
File Size : 63.32 MB
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Many Christians today feel overwhelmed as they try to live faithfully in a culture that seems increasingly hostile to their beliefs. Politics, marriage, sexuality, religious freedom--with an ever-growing list of contentious issues, believers find it harder than ever to hold on to their convictions while treating their friends, neighbors, coworkers, and even family members who disagree with respect and compassion. This isn't just a problem that affects individual Christians; if left unaddressed, the growing gap between the faithful and society's tolerance for public faith will have lasting consequences for the church in America. Now the bestselling authors of unChristian turn their data-driven insights toward the thorny question of how Christians talk with people they know and love about the most toxic issues of our day. They help today's disciples understand what they believe and why, and how to keep believing it without being judgmental and defensive. Readers will discover the most significant trends that offer both obstacles and opportunities to God's people, and how not only to challenge culture but to create and renew it for the common good. Perhaps most importantly, David Kinnaman and Gabe Lyons invite fellow Christians to understand the heart behind opposing views and show them how to be loving, life-giving friends despite profound differences. This will be the go-to book for young adult and older believers who don't want to hide from culture but to engage and restore it.
Category: Religion

Good Faith In International Law

Author : Robert Kolb
ISBN : 9781509914067
Genre : Law
File Size : 33.87 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