Full Description
Combining detailed legal analysis with commercial guidance, this book examines the law relating to good faith in commercial contracts and the practical, procedural and legal issues that arise in respect of this often contentious area. Christina Perry evaluates express and implied good faith obligations in common and civil law contracts, as well as in commercial, employment, insurance, partnership and agency agreements.
Key Features:
Compares various areas of the law which are not often studied together
Provides in-depth evaluation of recent case law in relation to good faith in commercial contracts
Discusses the obligation to exercise contractual discretion in good faith, following the leading case of Braganza v BP Shipping Ltd [2015]
Assesses the treatment of good faith in contracts in common law jurisdictions such as the United States, and in civil law jurisdictions such as France and Germany
This book is an essential resource for lawyers, both in-house and in private practice, who are responsible for advising clients on the negotiation and drafting of commercial contracts. It is also a helpful reference for students and scholars of commercial law, consumer law, employment law, finance and banking law, and insurance law.
Contents
Contents
Preface
1 Introduction to Good Faith in Contract Law
2 Express good faith terms
3 Implied good faith duties in common law jurisdictions
4 Braganza duty, or the duty of rationality
5 Good faith in employment law
6 Good faith and fiduciary duties
7 Uberrimae fidei: utmost good faith in insurance contracts
8 Good faith and consumers
9 Good faith in civil law jurisdictions and at the international level
Bibliography
Index
