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Look Inside Good Faith in European Contract Law

Good Faith in European Contract Law

$89.99 (C)

Part of The Common Core of European Private Law

Simon Whittaker, Reinhard Zimmermann, Martin Josef Schermaier, James Gordley, Robert S. Summers
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  • Date Published: December 2008
  • availability: Available
  • format: Paperback
  • isbn: 9780521088039

$ 89.99 (C)
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About the Authors
  • This book starts by surveying the use or neglect of good faith in European contract law and traces its historical origins. Its central part takes thirty hypothetical situations that have attracted the application of good faith and analyzes them according to fifteen national legal systems. It concludes by explaining how European lawyers, whether from a civil or common law background, need to come to terms with the principle of good faith.

    • Germanic, Greek, French, Common Law systems and Nordic law systems are the five main legal families treated which means that the book will be of use to all contract lawyers interacting with these systems
    • Thirty case studies are examined from the point of view of fifteen jurisdictions with both interim and final general comparative conclusions which means that this books offers a wealth of original comparative law material for the contemporary researcher
    • Users can learn how a national lawyer tackles a contract case from their own particular country and then see the same case answered from another jurisdiction which means that the book should have significant teaching application
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    Reviews & endorsements

    Review of the hardback: 'It is impossible within the span of a short review to do full justice to the quantity of information amassed in Good Faith in European Contract Law. The project was well-conceived, the data is well-presented and the analysis, which seems comfortingly agnostic about the merits of general good faith provisions, is balanced and shrewd. This book sets a high standard for future volumes in the 'Common Core' project to emulate as well as providing scholars and teachers of comparative law with a fund of instructive materials.' Roderick Munday, The Cambridge Law Journal

    Review of the hardback: 'It was at a meeting held at the University of Trento in June 1994 that Reinhard Zimmerman suggested that good faith in contracts might make an interesting and fruitful topic for the so-called Common Core of European Private Law project. Six years later, with the publication of good faith in European Contract law, Zimmermann's suggestion has been brought through to a successful completion. Whether one's interest is in comparative law or its methodology, the harmonisation of European private law, or good faith in contracts, the publication of this book is a major event and, whatever one makes of the product of this study, there is no question that Zimmerman, his co-editor Simon Whittaker, and the team of contributors are to be congratulated for conceiving of such a book and then delivering it so impressively. The book is a mine of informed analysis. Readers who want an introduction to good faith doctrines in German, French and (in its limited way) English contract law, will be considerably assisted by the co-editors' own opening contribution to the book. Similarly, if one's interest in good faith relates to its place in Roman law, or in contract law ion the medieval ius commune, or in US contract law, then the contributions by, respectively Martin Joseph Schermaier, James Gordley, and Robert Summers will be required reading. However, the centrepiece of this book - its distinctive contribution to comparative private law scholarship in general and to an understanding of good faith doctrines (or their cognates) in particular - is the set of 30 case studies, discussion of which takes up the greater part of this volume. The purpose of this study, focused on the 30 hypothetical cases, is not so much to compare doctrinal technique and resource in contract law regimes across Europe; rather, the project is designed to reach beyond surface doctrinal difference to see how far there is a core of agreement as to good faith outcomes in Europe.' Modern Law R

    Review of the hardback: '… the book … reasserts the classic comparative law notion of the functional unity of law.' The Edinburgh Law Review

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    Product details

    • Date Published: December 2008
    • format: Paperback
    • isbn: 9780521088039
    • length: 756 pages
    • dimensions: 229 x 152 x 38 mm
    • weight: 0.99kg
    • contains: 1 table
    • availability: Available
  • Table of Contents

    Part I. Setting the Scene:
    1. Good faith in European contract law: surveying the legal landscape Simon Whittaker and Reinhard Zimmermann
    2. Bona fides in roman contract law Martin Josef Schermaier
    3. Good faith in contract law in the medieval IUS commune James Gordley
    4. The conceptualization of good faith in American contract law: a general account Robert S. Summers
    Part II. The Case Studies: Case 1: Courgettes perishing: Discussions: editors' comparative observations
    Case 2: Degas drawing: Discussions: editors' comparative observations
    Case 3: Breaking off negotiations: Discussions: editors' comparative observations
    Case 4. Formalities I: Discussions: editors' comparative observations
    Case 5: Formalities II: Discussions: editors' comparative observations
    Case 6. One bag too few: Discussions: Editors' comparative observations
    Case 7: Late payment of rent: Discussions: editors' comparative observations
    Case 8: Delivery at night: Discussions: editors' comparative observations
    Case 9: Uniformity of outfit: Discussions: Editors' comparative observations
    Case 10: Dissolution of partnership: Discussions: editors' comparative observations
    Case 11: Untested motors working Discussions: editors' comparative observations
    Case 12: No use for borrowed motorbike: Discussions: editors' comparative observations
    Case 13: Inspecting the books: Discussions: editors' comparative observations
    Case 14: Producing new bumpers: Discussions: editors' comparative observations
    Case 15: Two cracks in a shed: Discussions: editors' comparative observations
    Case 16: Drug causing drowsiness in driving: Discussions: editors' comparative observations
    Case 17: Bank miscrediting customer: Discussions: editors' comparative observations
    Case 18: Access to medical records: Discussions: editors' comparative observations
    Case 19: Doctors swapping practice: Discussions: editors' comparative observations
    Case 20: Prescription I: Discussions: Editors' comparative observations
    Case 21: Prescription II: Discussions: Editors' comparative observations
    Case 22: Sitting on one's rights: Discussions: editors' comparative observations
    Case 23: Long term business relationships I: Discussions: editors' comparative observations
    Case 24: Long term business relationships II: Discussions: editors' comparative observations
    Case 25: Effect of inflation: Discussions: Editors' comparative observations
    Case 26: 'Sale' of soccer player: Discussions: editors' comparative observations
    Case 27: Disability insurance: Discussions: editors' comparative observations
    Case 28: Crop destroyed by hail
    Case 29: Divorce settlement: Discussions: editors' comparative observations
    Case 30: Penalty for late delivery: Discussions: editors' comparative observations
    Coming to terms with good faith Simon Whittaker and Reinhard Zimmermann.

  • Editors

    Reinhard Zimmermann, Universität Regensburg, Germany

    Simon Whittaker, University of Oxford

    Contributors

    Simon Whittaker, Reinhard Zimmermann, Martin Josef Schermaier, James Gordley, Robert S. Summers

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