Abstract:
Good faith is not an overtly recognised or apparently very active concept in general contract law in Scotland. This essay argues however that good faith does play a substantial role in contract law, but in a submerged or subterranean way, through particular rules rather than broad general statements. A particularly good example is provided by the authorities on pre-contractual liability, which are discussed in depth and compared with other systems, including the Principles of European Contract Law (PECL).
MacQueen, Hector Lewis, Good Faith in the Scots Law of Contract: An Undisclosed Principle? (August 5, 2011). U. of Edinburgh School of Law Working Paper No 2011/19.
First posted 2011-09-03 13:37:37
Leave a Reply