Full Description
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.
Contents
1. Good Faith in Roman Law and Its Transplant to England
2. Acceptance of Good Faith in England Until the Mid-19th Century
3. Freedom of Contract: The Courts and the Philosophy
4. The Decline of Freedom of Contract
5. Introduction to Good Faith in Modern Times, and Good Faith in English Law in the 20th and 21st Centuries
6. Good Faith and Reasonableness in Contract Law - Other Jurisdictions
7. Introduction to Relational Contract Theory and the Work of Ian Macneil
8. Other Scholars in the Relational Contract Debate
9. Application of Relational Contract Theory: Contractual Interpretation
10. The Boundary Between Contract and Tort; Good Faith and Insurance
