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The Dilemma of Good Faith in the Law of Contract

Charles Chinyama
This book generally talks about the ever-changing role of good faith in the law of contract in countries highly influenced by common law jurisprudence. Historically, the common law has been known not to be receptive of good faith in the law of contract, it being argued that it has no place in contract law poll. The rationale for this being that good faith once accepted into the law of contract will destroy the whole fabric of contract law, pull down long-established principles of contract law, which we have known since time immemorial. These guarded principles include the freedom and sanctity of contracts, caveat subscription rule, party autonomy, etc. But the commercial world has opened up to some chilling legal realities about the role of good faith in the law of contract, running right from its inception phase to its conclusion.It cannot be denied that the parties to a contract are bond to act in good faith towards fulfillment of that which they agreed, irrespective of whether their contract contains a clause to that. This duty is in several instances implied by law.
Autor: Chinyama, Charles
EAN: 9786204981673
Sprache: Englisch
Seitenzahl: 52
Produktart: kartoniert, broschiert
Verlag: LAP Lambert Academic Publishing
Untertitel: DE
Schlagworte: Recht (juristisch) Dilemma good faith THE LAW contract Charles Chinyama Paper ever-changing role Countries Common law Jurisprudence receptive Place contract law poll Rationale Destroy Fabric long-established principles time
Größe: 150 × 220