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Good Faith in Contract and Property Law

Author: Angelo D. M. Forte
Published: January 2000
Publisher: Hart Publishing
ISBN: 1841130478
Hardcover Book
Number of Pages: 211
 
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Good Faith in Contract and Property Law

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. In the UK, the role for the concept of good faith, and 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. Papers from an October 1998 conference held at Aberdeen University engage in this debate. While most papers reflect on good faith from the perspective of a mixed legal system, papers on good faith from an English and European perspective locate the debate within a broader jurisdictional context. The editor is professor of commercial law at the University of Aberdeen. Distributed by ISBS.

Table of Contents
Table of Cases
Table of Legislation and Delegated Legislation
Table of International Conventions and Principles
Preface
1 Introduction 1
2 Good Faith in the Scots Law of Contract: An Undisclosed Principle? 5
3 Good Faith: A Matter of Principle? 39
4 Good Faith in Contracting: A Sceptical View 63
5 Good Faith and Utmost Good Faith: Insurance and Cautionary Obligations in Scots Law 77
6 Good Faith in Scots Property Law 103
7 Good Faith and the Doctrine of Personal Bar 129
8 Good Faith: A Principled Matter 157
9 Good Faith in Consumer Contracts: Rule, Policy and Principle 181
Index 205

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Good Faith in Contract and Property Law





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