Logged out
Access All our Essays in an Instant
Swap your work for FREE access, or pay £4.99 for instant access
In what ways has english law responded to "Demonstrated problems of unfairness"? What is meant by "Good faith" in english contract law?
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
Page Preview
On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:
FREEDOM OF CONTRACT AND THE BUSINESS ENTERPRISE CONTROL OF CONTRACTUAL UNFAIRNESS "IN MANY CIVIL LAW SYSTEMS , AND PERHAPS IN MOST LEGAL SYSTEMS OUTSIDE THE COMMON LAW WORLD. THE LAW OF OBLIGATIONS RECOGNISES AND ENFORCES AN OVERRIDING PRINCIPLE THAT IN MAKING AND CARRYING OUT CONTRACTS PARTIES SHOULD ACT IN GOOD FAITH. THIS DOES NOT SIMPLY MEAN THAT THEY SHOULD NOT DECEIVE EACH OTHER...; ITS EFFECT IS PERHAPS MOST APTLY CONVEYED BY SUCH METAPHORICAL COLLOQUIALISMS AS "PLAYING FAIR" , "COMING CLEAN" OR "PUTTING ONE'S CARDS FACE UPWARDS ON THE TABLE". IT IS IN ESSENCE A PRINCIPLE OF FAIR AND OPEN DEALING... ENGLISH LAW HAS, CHARACTERISTICALLY, COMMITED ITSELF TO NO SUCH OVERRIDING PRINCIPLE BUT HAS DEVELOPED PIECEMEAL SOLUTIONS IN RESPONSE TO DEMONSTRATED PROBLEMS OF UNFAIRNESS". (INTERFOTO PICTURE LIBRARY LTD V STILETTO VISUAL PROGRAMMES LTD [1989] QB 433, PER BINGHAM MR AT P.439) IN WHAT WAYS HAS ENGLISH LAW RESPONDED TO "DEMONSTRATED PROBLEMS OF...
To see the full version of this document, and 145,320 others
