Acting honestly, not withholding information, fair dealing within a contract to the other party
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Is there a requirement of good faith in England?
No
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Why is there not?
Because English law are hesitant to impose good faith obligations on parties due to party autonomy and freedom of contract
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What are some other countries position within good faith?
USA - all contracts have requirement of good faith. Canada - SC recognises good faith, main way that they interpret contracts. Similar in France and Germany
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What is an old case concerning good faith?
Carter v Boehm 1766: concerning insurance law
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What judge said what in this case?
Lord Mansfield suggested that good faith should be applicable in all contracts
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Is there any exception to good faith?
It is generally accepted in insurance law, but not within the rest of English law
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What is the European statute and Article concerning good faith?
Principles of European Contract Law 1998 (review 2002), article 1:201 good faith and fair dealing,
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What does the statute say?
1) Each party must act in accordance with good faith and fair dealing. 2) The parties may not exclude or limit this duty
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Other cards in this set
Card 2
Front
Is there a requirement of good faith in England?
Back
No
Card 3
Front
Why is there not?
Back
Card 4
Front
What are some other countries position within good faith?
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