Good Faith In Contract Analysis

Decent Essays
Show More
‘Good Faith in Commercial Agreements and Dispute Resolution – A Comparative and Transactional Perspective’ by Professor Bryan Horrigan BA, LLB (Hons) (Qld), DPhil (Oxon), Dean, Faculty of Law, Monash University, Melbourne, Australia E.C. Zaccaria, “The Dilemma of Good Faith in International Commercial Trade” [2004] MqBLJ 5. . R, Brownsword, et.al., “Good Faith in Contract: Concept and Context” in R. Brownsword, et.al. (eds.) Good Faith in Contract: Concept and Context (Aldershot: Ashgate Publishing Limited, 1999) p1. UNIDROIT Principles Arts. 1.7, 4.8 & Art. 5.2 UNIDROIT Principles Art. 2.15 UNIDROIT Principles Arts. 3.5, 3.8 & Art. 3.10 UNIDROIT Principles Art. 7.1.6 Uberrima fides (sometimes seen in its genitive form uberrimae

Related Documents

  • Improved Essays

    Ambiguity Of Scots Law Essay
    • 1066 Words
    • 4 Pages

    Ambiguity Of Scots Law Essay

    here are two recognised standards of proof in Scots law. The first is beyond reasonable doubt, which is usually in criminal cases. The second is on the balance of probabilities which arises mostly in the civil context. This would suggest that the law on the standard of proof is straightforward. However ambiguity arises in the argument that there is or that there should be a third standard.…

    • 1066 Words
    • 4 Pages
    Improved Essays
    Read More
  • Great Essays

    Mareva Order Research Paper
    • 1714 Words
    • 7 Pages

    Mareva Order Research Paper

    The order finds its foundation in the judicially innovative response to Mareva Compania Naviera SA v International Bulk Carriers SA, wherein the judiciary sought to put a stop to defeat claims by disposing of assets through increasingly sophisticated and complicated schemes. In Australia, the jurisdiction to grant the order is found in the inherent power of the court to prevent frustration of abuse of process, in statutory provisions including s 23 of the Federal Court of Australia Act 1976 (Cth), and in equivalent state legislation. However, it ought to be noted that the power of the court under the Federal Court of Australia Act does not extend to the granting of a Mareva Order where it is intended to support pecuniary penalty orders.…

    • 1714 Words
    • 7 Pages
    Great Essays
    Read More
  • Improved Essays

    Sons Of Thunder, Inc. V. Borden Case
    • 1100 Words
    • 5 Pages

    Sons Of Thunder, Inc. V. Borden Case

    By the same token, Marshall would possibly cite the Sons of Thunder, Inc v Borden, Inc case in which the decision ruled in favor of the plaintiff for the defendant’s breach of contract to purchase clams harvested by the Sons of Thunder, and similarly, to the issue at hand a breached of the implied covenant of good faith (lexisnexis,2016). And for this reason, Marshall believes he would have good standing to litigate this case if I choose not to accept the contract based on Section-306 of the Uniform Commercial Code stating that any requirement of the contract must be done in good faith and “not only must the party who determines quantity do so in good faith, it must also do so according to the commercial standards of fair dealing in the trade so that the requirements approximate a reasonably foreseeable figure" (Metropolitan Corporate Council, 2003). The implied portion of the good faith contract underscores the prevention of not doing anything that would inhibit the enjoyment of the fruits of the contract (Zarco…

    • 1100 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Sally's Call Case
    • 978 Words
    • 4 Pages

    Sally's Call Case

    Sally’s call is an invitation to treat as in British Car Auctions v Wright. The car in the case had not been offered for sale and there was only an invitation to treat; so is Sally’s phone call. He invites Ron to answer the questionnaire but if Ron declines the invitation there are no consequences as he is not contractually bound by the call.…

    • 978 Words
    • 4 Pages
    Improved Essays
    Read More
  • Great Essays

    The Sherman Anti-Trust Act
    • 1673 Words
    • 7 Pages

    The Sherman Anti-Trust Act

    The Supreme Court declared this adaptable tenet, called the Rule of Reason, in Standard Oil Co. of New Jersey v. the United States, 221 U.S. 1, 31 S. Ct. 502, 55 L. Ed. 619 (1911). Under the Rule of Reason, the courts will look to various components in choosing whether the specific limitation of exchange absurdly confines rivalry. In particular, the court considers the cosmetics of the applicable business, the respondents' positions inside of that industry, the litigants' capacity rivals to react to the tested practice, and the respondents' motivation in embracing the limitation. This investigation powers courts to consider the expert focused impacts of the restriction and, in addition, its anticompetitive…

    • 1673 Words
    • 7 Pages
    Great Essays
    Read More
  • Improved Essays

    Sartre's Argumentative Analysis
    • 1518 Words
    • 7 Pages

    Sartre's Argumentative Analysis

    In its original sense as defined by Sartre, bad faith is where in the face of pressure - whether it be social, mental, or physical - humans adopt false positions and values and divorce themselves from their true selves. Consider Jean-Paul Sartre 's example of a waiter utterly consumed by the desire to appear “waiter-like”: “His voice oozes with an eagerness to please; he carries food rigidly and ostentatiously; his movement is quick and forward, a little too precise, a little too rapid. " Feeling an obligation to behave as the perfect model of service in order to impress his clients and employers, the waiter sacrifices his true self and adopts a false identity. He is no longer a thinking, feeling person with wants and desires of his very own; he has reduced himself to merely a human cog utterly divorced from any reality. Living in bad faith means that one uses the radical freedom granted by conscious thought to trample all over any semblance of choice present in the first place.…

    • 1518 Words
    • 7 Pages
    Improved Essays
    Read More
  • Decent Essays

    Good Faith Rule
    • 309 Words
    • 2 Pages

    Good Faith Rule

    In order for management to impose a new rule within the workplace without the union’s approval, the rule must follow all six KVP factors. As long as the new rule does not contradict any of these factors, the rule will be upheld. Management is then granted authority to unilaterally impose new rules without making any adaptations to the collective bargaining agreement or gain approval from the union. Mr. Shrapnel, manager of GoodValue Supermarkets, imposed a new rule that employees shall refrain from overt public displays of affection with co-workers while on store property. The rule was created in “Good Faith” in order to promote the best business interests of GoodValue Supermarkets.…

    • 309 Words
    • 2 Pages
    Decent Essays
    Read More
  • Improved Essays

    Bullard House Case Analysis
    • 1839 Words
    • 8 Pages

    Bullard House Case Analysis

    “The Bullard House” case today was about the familiar negotiation that we might have experienced or would have a high possibility to do in real life: real estate negotiation. In this kind of transaction, quite frequently, there are the participation of agents who work for their clients’ interests. Sometimes because of their commission from the transaction, sometimes in order to fulfill their clients’ real purposes, they try to make the deal at any cost. From “The Bullard House” case, we could reveal what might happen in such cases, how each side might behave, what should be the proper outcomes and why.…

    • 1839 Words
    • 8 Pages
    Improved Essays
    Read More
  • Improved Essays

    Ethics And Negotiation
    • 857 Words
    • 4 Pages

    Ethics And Negotiation

    The following is a review of the article written by Mark Young, in which he provides an overview of three ideologies regarding ethics and negotiation (Young, 2008). In the article, Young, attempts to provide a basic understanding of each ideology, while providing his own personal point of view. This review attempts to provide a concise and brief summary of the author’s argument, as well as the relationship between ethics, negotiation, and Christian beliefs. The title of the article, Sharks, Saints, and Samurai: The Power of Ethics in Negotiations, provides the labels of the three ideologies discussed by the author (Young, 2008).…

    • 857 Words
    • 4 Pages
    Improved Essays
    Read More
  • Improved Essays

    The Effectiveness Of Consumer Law
    • 1199 Words
    • 5 Pages

    The Effectiveness Of Consumer Law

    It is irrefutable that, to a considerable extent, legal and non-legal actions are effective in administering justice for consumers. Consumer law has continually evolved in order to maintain its ability to protect consumers within the ever-changing modern marketplace - progressing from the common law notion of caveat emptor to an intensive legal framework recognising the fundamental need for consumer protections. While much of this contemporary framework - comprised of statutory bodies, law courts and tribunals, and working in conjunction with a myriad of other non-legal avenues - is highly effective in its delivery of justice, there remain areas of concern currently inadequate in safeguarding rights. Thus, although legal and non-legal measures…

    • 1199 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Promissory Estoppel Essay
    • 707 Words
    • 3 Pages

    Promissory Estoppel Essay

    This essay seeks to discuss the Doctrine of Promissory Estoppel and the Doctrine of Consideration, as well as a clear analysis, with the use of case law, how Promissory Estoppel has become an exception to the general principle that a promise may only be enforced if it is supported by good consideration; it will ultimately conclude whether or not a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration. A contract is a legally binding agreement in law between two or more parties, which is enforced by law or by binding arbitration if it covers the elements of a valid legal agreement. For there to be a valid contract, three elements must be present, offer, acceptance, and consideration. If there is no consideration, there is no contract; however, with promissory estoppel instead of consideration, if there is a promise which induces reliance, the court would find some sort of liability for the promise.…

    • 707 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Morally Unworthy Lawyer
    • 867 Words
    • 4 Pages

    Morally Unworthy Lawyer

    I Introduction. This paper provides critical and logical answer of why a lawyer “with a conscience” should refuse to act for a client whom he or she judges to be morally unworthy with supporting applied legal ethics approaches. There are four parts to this paper. Part I briefly introduces what the paper is about.…

    • 867 Words
    • 4 Pages
    Improved Essays
    Read More
  • Decent Essays

    Law 531 Week 3 Quiz
    • 393 Words
    • 2 Pages

    Law 531 Week 3 Quiz

    Principle of Law: Franklyn thought that he had the authority to enter into the contract on behalf of Woodbury. Decision: Buron will succeed in her suit because Franklyn did not have the authority to enter into the contract. 40. Principle of Law: Ferrara had actual express authority with National through the contract of agency.…

    • 393 Words
    • 2 Pages
    Decent Essays
    Read More
  • Improved Essays

    Analysis Of Implied Constructive Trusts
    • 573 Words
    • 3 Pages

    Analysis Of Implied Constructive Trusts

    Implied constructive trusts arise in the absence of a declaration of trust where another has acted to their detriment under the influence of the trustee which caused a mistaken belief that their act would lead to a beneficial interest in the land, similarly to proprietary estoppel in the necessity of acting to one’s detriment. Constructive trusts also aim to avoid unconscionable behaviour, the similarities in purpose between the two does create an expected amount of overlap. Claims in constructive trusts are governed by the Trust of Land and Appointment of Trustee’s Act 1996. Section 14 of the act gives the court the power to declare a person’s interest in property subject to trust. How a property can be owned differs, it can be in a person’s sole name, as tenants in common or as joint tenants and an expressed declaration of trust is a fundamental tool in the safe guarding the beneficial interest among parties.…

    • 573 Words
    • 3 Pages
    Improved Essays
    Read More
  • Superior Essays

    The Case Of Gibson Vs. Storer V Manchester City Council
    • 1534 Words
    • 6 Pages

    The Case Of Gibson Vs. Storer V Manchester City Council

    Contracts are an integral part of society, having strong legal contractual principles gives confidence to consumers, investors and anyone who wishes to enter into a contract. Entering in a contract shows that in a primitive way that two parties are on the same page, however it is noted that a high proportion of litigation does actually stem from misunderstood contract (Duxbury (2011)).In this scenario Gary believes he has a valid contract with Mike and is disappointed to learn that Mike has sold on the Bike to Liz (third party). Using previous cases as precedent and analysing the conditions in which a contract is made, advice will be given to Gary on his legal position in regards to the contract and whether there is any suitable remedy that…

    • 1534 Words
    • 6 Pages
    Superior Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings