Good Faith and Relational Contracts, Volume 1 - Theory, Practice and Future Developments

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. This book explains in depth the history of good faith in English law, and explains 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.>

Product details

• Authors: Anthony Gray
• Publisher: Hart Publishing
• Languages: English
• Product format: Hardback
• Released: 31.10.2024
• EAN: 9781509973057
• ISBN: 978-1-5099-7305-7
• No. of pages: 296
• Dimensions: 160 mm x 238 mm x 22 mm
• Series: Hart Studies in Private Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; Commonwealth of Nations, LAW / Comparative, LAW / Contracts, contract law, comparative law, The Commonwealth