Full Description
This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes.
Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible.
Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.
Contents
Introduction
1. Liquidated Damages, Penalties and Good Faith
2. Reflections on Conceiving Existing Liquidated Damages Principles as Part of the Good Faith Principle
3. Contract Termination, Termination of Contractual Interests and Good Faith
4. Good Faith and Contractual Discretion
5. Relief Against Forfeiture
6. Reflections on the Right to Relief
7. The Duty to Co-Operate and Good Faith
8. Duress, Unconscionability and Undue Influence
9. Good Faith as a Unifier of Duress, Unconscionability and Undue Influence
10. The Employment Context
11. Contract Remedies and Good Faith
