Skip to results
Modify your search
NARROW
1-20 of 239
Keywords: good faith
Journal Article
Against the Spirit of the Age: The Rationale of Relational Contracts Get access
Oxford Journal of Legal Studies, Volume 43, Issue 4, Winter 2023, Pages 848–864, https://doi.org/10.1093/ojls/gqad016
Published: 15 July 2023
... in the operation of the developing concept of good faith in the performance of obligations. At the heart of the critical theory of relational contracting is a substantive and impressively linear argument that mounts not only a swingeing critique of the solipsism of classical contract but also, and more remarkably...
Journal Article
Adequacy of Timber Trespass Civil Awards: A Louisiana Case Study Get access
Journal of Forestry, Volume 117, Issue 6, November 2019, Pages 533–542, https://doi.org/10.1093/jofore/fvz052
Published: 07 October 2019
... costs in addition to 3× stumpage value reimbursement were required to negate the effect of timber prices and better the traditional rotation’s NPV. fair market value of timber good faith timber trespass net present value treble damages willful and intentional timber trespass Management and Policy...
Journal Article
Unfair Terms in Commercial Contracts and the Two Laws of Competition: French Law and English Law Contrasted Get access
Oxford Journal of Legal Studies, Volume 39, Issue 2, Summer 2019, Pages 404–434, https://doi.org/10.1093/ojls/gqz003
Published: 25 March 2019
... no general law of unfair competition, where the practices of grocery retailers towards their suppliers revealed a partial market failure, the UK competition authorities imposed a dedicated Code of Practice with a general requirement of fairness and good faith. unfair contract terms commercial contracts...
Journal Article
The Role of Standards of Review in Labour Law Get access
Oxford Journal of Legal Studies, Volume 39, Issue 2, Summer 2019, Pages 374–403, https://doi.org/10.1093/ojls/gqz006
Published: 20 March 2019
... faith, proportionality, rationality and range of reasonable responses standards. The first standard we can evoke is the implied term of mutual trust and confidence, which is steeped in the open-textured notion of good faith. 32 This term is implied into every contract of employment governed...
Journal Article
Jurisdiction by Estoppel and Acquiescence in International Courts and Tribunals Get access
British Yearbook of International Law, Volume 86, Issue 1, 2016, Pages 155–195, https://doi.org/10.1093/bybil/brx005
Published: 25 April 2017
... the general principle of good faith, are well established in certain spheres of public international law, such as disputes over territory. This article examines whether they have a role to play in disputes over the jurisdiction of an international court or tribunal. Can it be said that a respondent has...
Journal Article
Commercial Agency and the Duty to Act in Good Faith Get access
Oxford Journal of Legal Studies, Volume 36, Issue 3, Autumn 2016, Pages 661–695, https://doi.org/10.1093/ojls/gqv040
Published: 20 January 2016
...Andrea Tosato Over the past 30 years, good faith 1 has progressively permeated the private law sphere of the EU legal order, appearing with increasing frequency in legislation, jurisprudence and soft law. 2 *Assistant Professor, School of Law, University of Nottingham...
Journal Article
Law and Culture: A Theory of Comparative Variation in Bona Fide Purchase Rules Get access
Oxford Journal of Legal Studies, Volume 35, Issue 3, Autumn 2015, Pages 543–574, https://doi.org/10.1093/ojls/gqv004
Published: 22 March 2015
.... culture comparative variation legal origins functional equivalence good faith purchase Why do different legal systems adopt different legal rules dealing with the same problem? This is a fundamental question in comparative law. 1 Yet there is no consensus as to whether these differences...
Journal Article
Contract negotiations and the Unidroit Principles
Get access
Uniform Law Review, Volume 19, Issue 4, December 2014, Pages 550–560, https://doi.org/10.1093/ulr/unu037
Published: 29 November 2014
... (unless in bad faith). Sometimes parties conclude agreements to negotiate a specific contract in good faith. Such agreements are quite common in preparation of public tenders where the prospective tenderer needs to know that he can rely on the good faith negotiations with a possible subcontractor before...
Journal Article
TESCO STORES LTD'S TRADE MARK APPLICATIONS Get access
Reports of Patent, Design and Trade Mark Cases, Volume 122, Issue 11, 2005, Pages 361–376, https://doi.org/10.1093/rpc/2005rpc17
Published: 01 June 2005
...
THE APPOINTED PERSON
(Professor Ruth Annand): July 30, 20041
[2005] R.P.C. 17
Advertising slogans; Good faith; Intention; Trade marks
H1 Trade mark—Applications—Oppositions—Slogans—“TESCO WE SELL FOR LESS...
Chapter
In Search of Copyright User Remedies Get access
Pascale Chapdelaine
Published: 07 July 2016
... droit access right copyright seen as copyright distribution right good faith virtual world websites websites blocking of access to conversion tort of slander of title of services standard of services digital copies of copyright works exhaustion first sale doctrine of rights to copies...
Chapter
Published: 26 May 2016
...This chapter considers the evolution of the concept of ‘good faith’ in Canadian employment law. As in many other common-law jurisdictions, the Canadian common law has historically conceived of the employment relationship within a narrow transactional contractual paradigm. Unlike other common-law...
Book
Good Faith and Fault in Contract Law Get access
Jack Beatson (ed.) and Daniel Friedman (ed.)
Published online: 22 March 2012
Published in print: 14 August 1997
... Good Faith and Fault in Contract Law. Jack Beatson and Daniel Friedmann. © Oxford University Press 1995. Published 1995 by Oxford University Press. Good Faith and Fault in Contract Law. Jack Beatson and Daniel Friedmann. © Oxford University Press 1995. Published 1995 by Oxford University...
Chapter
Coming to Terms with Good Faith Get access
Mary Arden
Published: 01 December 2015
...The expression ‘good faith’ has several meanings. For the purposes of this chapter, it means that a contracting party must act in a manner which the contracting party reasonably believes is honest, and his or her conduct must be such as would be considered to be fair and reasonable by right...
Chapter
Voice and the Employment Contract Get access
Douglas Brodie
Published: 03 April 2014
... contracts is considered. Section 205 of the Restatement (Second) of Contracts provided that ‘[e]very contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement’. However, that provision has been held to be overly broad and not applicable to the employment...
Chapter
Published: 17 November 2016
... in which it is imputed by public policy or inferred as an element of party agreement. The chapter ultimately argues that understanding the duty as an instance of the general duty to perform in good faith makes the best sense of a historically suspect obligation. This understanding not only redeems the duty...
Chapter
Roman Policy in Greece and Asia Minor Get access
Sviatoslav Dmitriev
Published: 11 March 2011
... on their political stance, or in other words, on their “good faith” in Rome. “Good faith” was pledged by both sides, constituting a bond of reciprocal obligations, which formed a network of patron-client relationships between Rome and individual Greek cities, thus laying the foundation of the “Roman peace” (Pax...
Chapter
The Need for Public Law Standards of Review in Investor-State Arbitrations Get access
William Burke-White and Andreas von Staden
Published: 14 October 2010
... on proportionality, the least restrictive alternative, or even good faith—would increase the investor-state arbitration system's overall legitimacy, we favour the well-developed margin of appreciation as the most appropriate standard for the resolution of public-law-type disputes. The unique circumstances...
Chapter
An English Lawyer Looks at American Contract Law Get access
Michael Bridge
Published: 28 May 2013
...This chapter presents a comparative analysis of U.S. and English contract law. It considers the principles and misgiving about unconscionability and good faith, drawing appropriate comparisons with English law. The chapter also looks at the main features of Uniform Commercial Code UCC § 2-302...
Chapter
The Withdrawal Agreement, Part One: Common Provisions Get access
Pieter Van Nuffel
Published: 03 December 2021
... on the Member States. The obligation to perform the Agreement in good faith as laid down in Article 5 applies in all situations where the Withdrawal Agreement is or should be applied, but it will be important in particular when the Union or the UK cannot—or is not certain to be able to 47 —rely...
Chapter
Geographical Indications Get access
Carlos M Correa
Published: 29 March 2007
...World Intellectual Property Organization World Trade Organization Intellectual property Specific trade agreements Developing countries Goods NAFTA (North American Free Trade Agreement) Organisation for Economic Co-operation and Development National treatment Good faith The adoption...
