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Title Good faith in contract and property / edited by A.D.M. Forte
Published Oxford ; Portland, Or. : Hart Pub., 1999


Description 1 online resource (xxviii, 211 pages)
Contents Half Title Page; Title Page; Title verso; Contents; Expanded Table of Contents; Table of Cases; Table of Legislation and Delgated Legislation; Table of International Conventions and Principles; Preface; 1. Introduction; 2. Good Faith in the Scots Law of Contract: An Undisclosed Principle?; Introduction; What is Good Faith in Contract Law?; Scots Law; The Utility of Recognising a Good Faith Principle; Culpa in Contrahendo; Scots Law on Pre-contractual Liability; Conclusion; 3. Good Faith: A Matter of Principle?; Introduction; Good Faith in Other Jurisdictions
Is English law really so different?An Aversion to General Principles?; Contracting for Good Faith; The Global Economy; Challenging Rules which do not Presently Conform with Good Faith; The Need for Clarity; 4. Good Faith in Contracting: A Sceptical View; Introduction; What is Good Faith?; Good Faith and Consumers; Conclusions; 5. Good Faith and Utmost Good Faith: Insurance and Cautionary Obligations in Scots Law; Introduction; Insurance and the Concept of Utmost Good Faith; Cautionary Obligations and the Principle of Good Faith; Good Faith Beyond Insurance and Caution?
6. Good Faith in Scots Property LawIntroduction; Common Law Contexts; Statutory Contexts; Conclusions; 7. Good Faith and the Doctrine of Personal Bar; Good Faith and the Doctrine of Personal Bar; The Ambit of Personal Bar; The First Model-An Original Pure Principle of Personal Bar?; English Law as a Solution?; Consent Based Models; The Reliance on Representation Model; The Equity Model; A Good Faith Model; Negligence; Fraud; Three Party Cases and their Resolution; Good Faith Shields Have Spikes; Conclusion; 8. Good Faith: A Principled Matter; Introduction
Existence and Absence of a Good Faith Principle: Institutional ReasonsExistence and Absence of a Good Faith Principle: Legal Cultural Reasons; Parliamentary or Judicial Law Reform?; Good Faith: Imposition or Implied term?; Contracts and Community Values; Good Faith: An Uncertain Principle?; Contractual Certainty and the Limits of Language; Exclusion Clauses; Undue Influence and Duress; Equity: A Less Certain Principle than Good Faith?; Good Faith: An Undisclosed but Weak Principle?; Conclusion; 9. Good Faith in Consumer Contracts: Rule, Policy and Principle; Introduction
The Good Faith Rule: Some Introductory CommentsEuropean Consumer Policy; The Good Faith Rule Revisited; Objective or Subjective Good Faith?; A General Principle of Good Faith; Concluding Comment; Index
Summary 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 r
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Contracts -- Scotland
Good faith (Law) -- Scotland
Good faith (Law)
Property -- Great Britain
Contracts -- Great Britain
LAW -- Administrative Law & Regulatory Practice.
Good faith (Law)
Goede trouw.
Boa-fé -- Escócia.
Boa-fé -- Grã-bretanha.
Contratos -- Grã-bretanha.
Propriedade -- Grã-bretanha.
Direito de propriedade.
Great Britain.
Europese Unie.
Genre/Form Congressen (vorm)
Form Electronic book
Author Forte, A. D. M.
ISBN 9781847310569