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.
Rezensionen / Stimmen
,i>'This valuable book draws upon an impressively wide range of material from different jurisdictions regarding different types of contract to further our understanding of good faith in contract law - an important and fast-developing area of law.' -- Paul S. Davies, University College London, UK This book provides an ambitious breadth of coverage of this evolving area of law, which will no doubt be of use to academics, students and practitioners.' -- Lorna Richardson, University of Edinburgh Law School, UK 'The elusive concept of good faith has an increasingly important, but controversial, role in English contract law. This book provides a detailed and comprehensive overview of express and implied duties of good faith, as well as the Braganza duty of rationality. Importantly, it also provides a very valuable comparative analysis of duties of good faith in other common and civil law jurisdictions.' -- Peter Church, Linklaters LLP, UK
Reihe
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 244 mm
Breite: 169 mm
ISBN-13
978-1-80392-965-1 (9781803929651)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Christina Perry, Professor of Law, Department of Law, Queen Mary University of London, UK
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
