Good Faith and Fault in Contract Law

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ISBN: 9780198265788 | 0198265786
Cover: Paperback
Copyright: 11/13/1997

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This collection of essays 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 work discusses the requirement of good faith and its role in the formation of contracts, contractual obligations, and Breach of Contract and Remedial Issues.

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Acknowledgments	p. ix
Essayists	p. x
Colloquium Participants	p. xii
Abbreviations	p. xiii
Table of Cases	p. xv
Table of Legislation	p. xlii
Introduction	p. 1
Introduction: from 'Classical' to Modern Contract Law	p. 3
Formation of Contract	p. 23
Pre-Contractual Duties: Two Freedoms and the Contract to Negotiate	p. 25
On the Nature of Undue Influence Peter Birks and Chin Nyuk Yin	p. 57
Duties of Disclosure and French Contract Law: Contribution to an Economic Analysis	p. 99
Consideration: Practical Benefit and the Emperor's New Clothes	p. 123
The Contractual Obligation: Good Faith, Control and Adaptation	p. 151
Good Faith in Contract Performance	p. 153
The Doctrine of Good Faith in German Contract Law	p. 171
The Implied Terms of Contracts: of 'Default Rules' and 'situation-Sense'1	p. 191
Legislative Control of Fairness: The Directive on Unfair Terms in Consumer Contracts*	p. 231
Public Law Influences in Contract Law*	p. 263
Relational Contracts	p. 291
The Regulation of Long-Term Contracts in English Law	p. 305
Fault and Breach of Contract*	p. 337
Contract Modification as a Result of Change of Circumstances	p. 357
Alternatives and Frustration	p. 377
Remedies	p. 397
Good Faith and Remedies for Breach of Contract	p. 399
Expectation Damages and Uncertain Future Losses*	p. 427
The Choice of Remedy for Breach of Contract*	p. 471
Suspending Contract Performance for Breach	p. 485
Index	p. 523
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Good Faith and Fault in Contract Law

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