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Good Faith and Fault in Contract Law
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Good Faith and Fault in Contract Law

Jack Beatson and Daniel Friedman

Abstract

This chapter brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. The book is divided into several parts: the first part is an Introduction; Part II examines the requirement of good faith and its role in the formation of contracts; Part III is concerned with contractual obligations; Part IV examines breach of contract and remedial issues.

Keywords: contract law, good faith, fair dealing, contracts, contractual obligations, breach, fault

Bibliographic Information

Print publication date: 1997 Print ISBN-13: 9780198265788
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780198265788.001.0001

Authors

Affiliations are at time of print publication.

Jack Beatson, editor
St John's College, Cambridge

Daniel Friedman, editor
University of Tel Aviv

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Contents

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Part 1 Introduction

Part 2 Formation of Contract

(a) Pre-contractual duties and good faith

3 On the Nature of Undue Influence

Peter Birks, and Chin Nyuk Yin

(b) Consideration

Part 3 The Contractual Obligation: Good Faith, Control and Adaptation

(a) The effect of good faith and implied terms on contractual obligations

7 The Doctrine of Good Faith in German Contract Law

Werner F Ebke, and Bettina M Steinhauer

(b) Legislation and public law influences

(c) Relational and long-term contracts

11 Relational Contracts

Melvin A Eisenberg

(d) Extent of contractual obligation

Part 4 Remedies

End Matter