Good Faith in European Contract Law

A Common Core of European Private Law project volume, founded at the University of Trento.

Reinhard Zimmermann (Edited by), Simon Whittaker (Edited by)

9780521771900, Cambridge University Press

Hardback, published 8 June 2000

756 pages, 1 table
24.6 x 15.9 x 4.5 cm, 1.25 kg

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

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

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.

Subject Areas: Contract law [LNCJ], Comparative law [LAM]