Good Faith in the Scots Law of Contract: An Undisclosed Principle?
27 Pages Posted: 5 Aug 2011
Date Written: August 5, 2011
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).
Keywords: Good faith, contract law, Scots law
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By Jan M. Smits