Combining detailed legal analysis with commercial guidance, this book examines the law relating to good faith in commercial contracts and the practical, procedural, and legal issues that arise in respect of this often contentious area. Christina Perry evaluates express and implied good faith obligations in common and civil law contracts, as well as in commercial, employment, insurance, partnership, and agency agreements.
Key Features:
- Compares various areas of the law which are not often studied together
- Provides in-depth evaluation of recent cases and case law in relation to good faith in commercial contracts
- Discusses the obligation to exercise contractual discretion in good faith, following the leading case of Braganza v BP Shipping [2015]
- Assesses the treatment of good faith in contracts in common law jurisdictions such as the United States, and in civil law jurisdictions such as France and Germany
This book is an essential resource for lawyers, both in-house and in private practice, who are responsible for advising clients on the negotiation and drafting of commercial contracts. It is also a helpful reference for students and scholars of commercial law, consumer law, employment law, finance and banking law, and insurance law.
Industry Reviews
,i>'This valuable book draws upon an impressively wide range of material from different jurisdictions regarding different types of contract to further our understanding of good faith in contract law - an important and fast-developing area of law.' -- Paul S. Davies, University College London, UK
This book provides an ambitious breadth of coverage of this evolving area of law, which will no doubt be of use to academics, students and practitioners.' -- Lorna Richardson, University of Edinburgh Law School, UK
'The elusive concept of good faith has an increasingly important, but controversial, role in English contract law. This book provides a detailed and comprehensive overview of express and implied duties of good faith, as well as the Braganza duty of rationality. Importantly, it also provides a very valuable comparative analysis of duties of good faith in other common and civil law jurisdictions.' -- Peter Church, Linklaters LLP, UK