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Good Faith and Relational Contracts

Good Faith and Relational Contracts Theory, Practice and Future Developments - Hart Studies in Private Law

Hardback (31 Oct 2024)

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Publisher's Synopsis

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.

The book explains in depth the history of good faith in English law, and clarifies 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.

Book information

ISBN: 9781509973057
Publisher: Bloomsbury Publishing (UK)
Imprint: Hart Publishing
Pub date:
DEWEY: 346.42022
DEWEY edition: 23
Language: English
Number of pages: 296
Weight: 640g
Height: 238mm
Width: 160mm
Spine width: 22mm