In the light of your study of contract law, how effectively do you think those 'piecemeal solutions' address 'demonstrated problems of unfairness'?
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
MA Law Contract Law essay 030168507 In the light of your study of contract law, how effectively do you think those 'piecemeal solutions' address 'demonstrated problems of unfairness'? Would English law be improved by acceptance of a general duty of good faith applicable to the 'making and carrying out' of contracts? When surveying Europe's legal landscape, English law's refusal to incorporate a general duty of good faith identifies it as somewhat of an oasis, standing in stark contrast to those around it. Yet in examining the net result of those 'piecemeal solutions' used in its place, is it truly so adrift? If, after all, these present common law solutions deliver judgments just as equitable, then surely there is no need to use the good faith 'loose cannon.1 Even advocates of a good faith requirement frequently concede that it is fraught with ambiguity and could be theoretically framed in a number of different ways....

