{"title":"15. Good Faith","authors":"Ewan Mckendrick","doi":"10.1093/HE/9780198701989.003.0015","DOIUrl":null,"url":null,"abstract":"This chapter discusses the role of good faith in contract law, first analysing the decision in Walford v. Miles [1992] 2 AC 128, where it was held that an obligation to negotiate in good faith is not valid. It then examines the reasons that led to the decision and also explores its limits. Next, the chapter considers the arguments that have been advanced in support of the refusal of English law to recognize the validity of a doctrine of good faith and then turns to the arguments that have been advanced by those who support the recognition of a doctrine of good faith. It concludes by examining the development of a doctrine of good faith in the performance of contracts.","PeriodicalId":207231,"journal":{"name":"Contract Law","volume":"59 1 Pt 2 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2014-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Contract Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/HE/9780198701989.003.0015","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
This chapter discusses the role of good faith in contract law, first analysing the decision in Walford v. Miles [1992] 2 AC 128, where it was held that an obligation to negotiate in good faith is not valid. It then examines the reasons that led to the decision and also explores its limits. Next, the chapter considers the arguments that have been advanced in support of the refusal of English law to recognize the validity of a doctrine of good faith and then turns to the arguments that have been advanced by those who support the recognition of a doctrine of good faith. It concludes by examining the development of a doctrine of good faith in the performance of contracts.
本章讨论了诚信在合同法中的作用,首先分析了Walford v. Miles [1992] 2 AC 128的判决,该判决认为诚信谈判的义务无效。然后分析导致该决定的原因,并探讨其局限性。接下来,本章将考虑那些支持英国法律拒绝承认诚信原则有效性的论点,然后转向那些支持承认诚信原则的人所提出的论点。最后,本文考察了合同履行中诚信原则的发展。