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Books on the topic 'Commercial good faith'

Author: Grafiati
Published: 4 June 2025
Last updated: 1 August 2025

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1

Miṣrī, Ḥusnī. Badal khulūw al-maḥall al-tijārī: Ṭabīʻatuhu al-qānūnīyah wa-madá mashrūʻı̄yatih : dirāsah maqāranah bayna al-qānūn al-Faransī wa-al-qānūn al-Miṣrī. s.n.], 1986.

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2

Axer, Jochen. Abstrakte Kausalität: Ein Grundsatz des Handelsrechts? : zugleich ein Beitrag zur gesetzlichen Konzeption und Risikozuordnung durch Aussenhaftungsnormen des Handelsgesetzbuches. J. Eul, 1986.

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3

Petit, Franck, and Bernard Bossu. Droit et loyauté. Dalloz, 2015.

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4

Sieber, Philipp. Die lauterkeitsrechtlichen Grenzen des Wirtschaftsjournalismus. Stämpfli, 2006.

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5

Willemsen, Alexander. Einführung und Inhaltskontrolle von Ethikrichtlinien. Centaurus-Verl., 2009.

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6

Gray, Anthony. Good Faith and Relational Contracts. Hart Publishing, 2024. http://dx.doi.org/10.5040/9781509973088.

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This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current stat
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7

Panizzon, Marion. Good Faith in the Jurisprudence of the WTO: The Protection of Legitimate Expectations, Good Faith Interpretation and Fair Dispute Settlement. Bloomsbury Publishing Plc, 2006.

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8

Goto, Seishi. Shoho oyobi shingisoku no kenkyu. Shinzansha, 1993.

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9

Die Erhaltungspflichten Des Verkaufers Und Des Kaufers Im Un-Kaufrecht Im Vergleich Zum Us-Amerikanischen Uniform Commercial Code Und Zum Deutschen (Internationalrechtliche Studien). Peter Lang Pub Inc, 2002.

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10

Rechtsformübergreifende Aspekte der gesellschaftsrechtlichen Treuepflicht im deutschen und angloamerikanischen Recht. P. Lang, 1990.

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11

Panizzon, Marion. Good Faith in the Jurisprudence of the Wto: The Protection of Legitimate Expectations, Good Faith Interpretation and Fair Dispute Settlement (Studies in International Trade Law). Hart Publishing, 2006.

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12

Stefan, Vogenauer. Ch.1 General Provisions, General Provisions III: Arts 1.6–1.12—Application of the PICC, Art.1.7. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0011.

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This commentary focuses on Article 1.7, which obliges the parties to a contract to ‘act in accordance with good faith and fair dealing’. The imposition of this duty corresponds to a global trend towards an increasing role for the standard of good faith in contract law that has been emerging for several decades. To a certain extent, the UNIDROIT Principles of International Commercial Contracts (PICC) help to reinforce this trend. Art 1.7 spells out the scope of the obligation to act in accordance with good faith and fair dealing; standard of good faith and fair dealing, including ethical standa
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13

Isabel, Zuloaga Rios. Ch.2 Formation and authority of agents, Formation III: Arts 2.1.15–2.1.16—Negotiations, Art.2.1.15. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0031.

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This commentary focuses on Article 2.1.15 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning negotiations in bad faith. Art 2.1.15 establishes liability for pre-contractual conduct in general terms. It stipulates that a party is free to negotiate and is not liable for failure to reach an agreement. However, a party who negotiates or breaks off negotiations in bad faith is liable for the losses caused to the other party. In particular, it is bad faith for a party to enter into or continue negotiations when intending not to reach an agreement with the other party.
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14

Solène, Rowan. Ch.5 Content, third party rights and conditions, s.3: Conditions, Art.5.3.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0103.

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This commentary focuses on Article 5.3.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning a contracting party's interference with the fulfilment of a condition. If fulfilment of a condition is prevented by a party, contrary to the duty of good faith and fair dealing or the duty of co-operation, that party may not rely on the non-fulfilment of the condition. If fulfilment of a condition is brought about by a party, contrary to the duty of good faith and fair dealing or the duty of co-operation, that party may not rely on the fulfilment of the condition. This co
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15

Solène, Rowan. Ch.5 Content, third party rights and conditions, s.3: Conditions, Art.5.3.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0104.

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This commentary focuses on Article 5.3.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the duty to preserve the rights of a party. Art 5.3.4 imposes obligations on the parties during the period of suspension of the condition. It requires the parties not to act, contrary to the duty to act in accordance with good faith and fair dealing, act so as to prejudice the other party's rights in case of fulfilment of the condition. Art 5.3.4 applies to both suspensive and resolutive conditions, but it should arguably apply with less intensity to resolutive conditions
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16

Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part III Harmonization of General Contract Law, 16 Restatements of Contract Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0017.

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This chapter examines non-binding restatements of contract law, in particular the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. It considers the nature, purposes, scope, sphere of application, and substantive content of these Principles (including freedom of contract, pacta sunt servanda, good faith, interpretation, adequate assurance of performance, specific performance, and other remedies and hardship and change of circumstances). The chapter considers the extent to which these Principles can be used in litigation and in arbitration an
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17

Stefan, Vogenauer. Ch.1 General Provisions, General Provisions III: Arts 1.6–1.12—Application of the PICC, Art.1.8. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0012.

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This commentary focuses on Article 1.8 of the UNIDROIT Principles of International Commercial Contracts (PICC), which states that a party cannot act inconsistently with an understanding it has caused the other party to have and upon which that other party reasonably has acted in reliance to its detriment. A party that behaves inconsistently within the meaning of Art 1.8 acts in bad faith. Therefore, Art 1.8 can be seen as the most general of the various specific applications of the general obligation to act in accordance with good faith and fair dealing — spelled out in Art 1.7 — that are cont
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18

Ryan, Jennifer. Negotiations of Faith and Space in Memphis Music. Edited by Jonathan Dueck and Suzel Ana Reily. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199859993.013.27.

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This chapter traces the demarcation of sacred and secular space among Christian blues musicians in Memphis’s tourist music strip, Beale Street, drawing attention to the way in which the performative dynamics of sacred musical practices—particularly the ecstasy of Pentecostal worship—are mirrored in Beale Street (commercial, secular) performances by Christian blues players. However, these blues players negotiate the meanings of this circulation by individually rethinking strong notions of sacred and secular space. The chapter roots this individual redrawing of boundaries—as the blues players re
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19

HO, Lusina. Contract Formation in Hong Kong. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0010.

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This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations—the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional
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20

Gerard, McMeel. McMeel on The Construction of Contracts. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.001.0001.

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This book, on the construction of contracts, explores the legal principles involved in contract formation and interpretation as well as the current trends in commercial contract litigation, providing practical guidance on how courts would interpret contractual terms with reference to recent commercial contract litigation. This third edition gives principle-by-principle coverage of the main elements of contract formation and updates them with reference to recent case law. Recent major construction of contract cases are discussed, including Pink Floyd Music (CA) and the recent UK Supreme Court r
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21

Stefan, Vogenauer. Ch.4 Interpretation, Art.4.8. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0083.

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This commentary focuses on Article 4.8 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the supplementation of an omitted term in a contract. According to Art 4.8, where the parties to a contract have not agreed with respect to a term which is important for a determination of their rights and duties, a term which is appropriate in the circumstances shall be supplied. In determining what is an appropriate term, regard shall be had to the intention of the parties; the nature and purpose of the contract; good faith and fair dealing; and reasonableness. This comme
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22

Stefan, Vogenauer. Ch.1 General Provisions, Introduction to Chapter 1 of the PICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0004.

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This chapter contains three groups of ‘general provisions’ of the UNIDROIT Principles of International Commercial Contracts (PICC). The first group deals with fundamental principles of contract law, including freedom of contract, freedom from formal requirements, the bindingness of contract, good faith and fair dealing, and the so-called ‘prohibition of inconsistent behaviour’. The second group of provisions addresses the role and function of mandatory rules and the third group deals with the application of the PICC, focusing on general guidelines for the interpretation of the various articles
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23

Robert, Wintgen. Ch.10 Limitation periods, Art.10.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0201.

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This commentary analyses Article 10.1 of the UNIDROIT Principles of International Commercial Contracts (PICC). Art 10.1 provides an overview of the scope of Chapter 10 of the PICC concerning ‘limitation periods’. According to this provision, the exercise of rights governed by the PICC is barred by the expiration of the limitation period. Chapter 10 does not govern the time within which one party is required under the PICC, as a condition for the acquisition or exercise of its right, to give notice to the other party or to perform any act other than the institution of legal proceedings. This co
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24

Tjakie, Naudé. Ch.2 Formation and authority of agents, Formation V: Arts 2.1.19–2.1.22—Standard terms, Art.2.1.20. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0037.

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This commentary focuses on Article 2.1.20 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning so-called surprising terms. Art 2.1.20 stipulates that no term contained in standard terms which is of such a character that the other party could not reasonably have expected it, is effective unless it has been expressly accepted by that party. In determining whether a term is of such a character regard shall be had to its content, language and presentation. Art 2.1.20 is an exception to the rule that a party which accepts the standard terms of the user is in principle
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25

Stefan, Vogenauer. Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.8. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0091.

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This commentary focuses on Article 5.1.8 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning a contract for an indefinite period. Art 5.1.8 stipulates that a contract for an indefinite period maybe ended by either party by giving notice a reasonable time in advance. Art 5.1.8 deviates from the principle of pacta sunt servanda and is in contrast with the idea of favor contractus. As far as its requirements are concerned, it permits the unilateral cancellation of contracts concluded for an indefinite period without any further justification. This commentary discuss
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26

Peter, Huber. Ch.3 Validity, s.2: Grounds for avoidance, Art.3.2.9. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0063.

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This commentary focuses on Article 3.2.9 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning confirmation. Under Art 3.2.9, if the party entitled to avoid the contract expressly or impliedly confirms the contract after the period of time for giving notice of avoidance has begun to run, avoidance of the contract is excluded. Art 3.2.9 serves two purposes. On the one hand, it restricts the right to avoid the contract in a certain type of situation where the avoidance would be contrary to good faith. On the other hand, it emphasizes the fact that the party entitled
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27

Peter, Huber. Ch.3 Validity, s.2: Grounds for avoidance, Art.3.2.10. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0064.

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This commentary focuses on Article 3.2.10 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the loss of right to avoid a contract. Where one party is entitled to avoid the contract for mistake, Art 3.2.10 aims at giving the other party the chance to save the contract by assenting to the contract in the way the mistaken party understood it. The justification for this rule is that it would be contrary to good faith if the mistaken party were able to insist on the avoidance of the contract for mistake even though the contents of the contract are adapted to this pa
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28

Chunyan, Ding. Contract Formation under Chinese Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0002.

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This chapter discusses the law on contract formation in Chinese law which largely follows the UN Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts. An objective approach is adopted in determining the parties’ intentions but exceptions are allowed where parties have not accurately expressed their true agreement, the contract is a sham, or one party’s intentional false expression is known to the other. For a contract to be binding, its ‘essential elements’ must be agreed (names of the parties, subject matter, and quantit
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29

Jeffrey, Waincymer. Part IX Costs, Funding, and Ideas for Optimization, 28 Optimizing the use of Mediation in International Arbitration: A Cost–Benefit Analysis of ‘Two Hat’ Versus ‘Two People’ Models. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0029.

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This chapter considers the question of whether an arbitrator may also adopt a mediation function or whether the dual roles are antithetical. It tests that hypothesis by engaging in a cost-benefit analysis of differing scenarios when mediation is utilized in an arbitral context. The prime comparison is between parallel mediation with a separate neutral and the alternative of a dual-role neutral. The three key points are: there should be much more mediation occurring at the international level, regarding both potential and actual arbitral disputes; a commercially minded arbitrator concerned for
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