The growing recognition of obligation of Good Faith in contract law has only increased the debate surrounding this concept and its ramification on contract. The uneasiness about Good Faith should be attributed to the fact that Good Faith is an open norm or vague standard, which in practice means judicial law making. Furthermore, Good Faith suggests the teleological method of interpretation of contract and legislation in determining the rights and the duties of the parties to a contract. This, it is argued, would contradict the importance of certainty, private autonomy and commercial stability. The thesis presents the development and functions of Good Faith, in different jurisdiction, civil and common. It elaborates the arguments and counterarguments in the Good Faith debate from the context of major civil law and common law features. This will be mainly illustrated by maritime law related contracts. Finally, Good Faith in a possible uniform transnational maritime law will be discussed.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.81232 |
| Date | January 2003 |
| Creators | Rosenwasser, Elior |
| Contributors | Tetley, William (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 002088799, proquestno: AAIMQ98816, Theses scanned by UMI/ProQuest. |
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