Good Faith in the Scots Law of Contract: An Undisclosed Principle?

27 Pages Posted: 5 Aug 2011

Date Written: August 5, 2011

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).

Keywords: Good faith, contract law, Scots law

Suggested Citation

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, Available at SSRN: https://ssrn.com/abstract=1905547 or http://dx.doi.org/10.2139/ssrn.1905547

Hector Lewis MacQueen (Contact Author)

University of Edinburgh - School of Law ( email )

Edinburgh EH8 9YL
United Kingdom
+44 131-650-2060 (Phone)
+44 131-662-4902 (Fax)

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