Contractual Duty of Good Faith

Essay specific features

 

Issue:

Business

 

Written by:

Julia M

 

Date added:

October 7, 2014

 

Level:

University

 

Grade:

B

 

No of pages / words:

33 / 8981

 

Was viewed:

1505 times

 

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Essay content:

Good faith is valuable because it provides confidence in the formation of contracts between two parties. However there are conflicting views and criticisms of the doctrine of good faith. The “pragmatic theory of cooperation” [2] underlines the effectiveness of the common law system and emphasizes that there is not a need for a clearly defined doctrine of good faith...
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Economic theory (the “repugnancy thesis of self interest”) goes further and criticizes the ability the doctrine holds to oppressively “constrains the pursuit of self interest.”[3] Although the doctrine may be valuable, the ramifications and effects that such a doctrine would create, need to be analyzed and evaluated...
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