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1

Klein, Richard. An Act of Good Faith: The Duty to Become a Heretic. Lulu.com, 2022.

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2

Michael, Furmston, Tolhurst G J, and Mik Eliza. 13 Is There a Duty to Negotiate in Good Faith? Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.003.0013.

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This chapter assesses the duty of good faith in negotiation. In general, even civilian systems which have long adopted notions of good faith performance have been much slower to accept notions of good faith negotiation. So all over the world the question of whether the parties should be under a duty to negotiate in good faith is very much at the forefront of the debate. The traditional view is that there is no general duty of good faith in negotiation. However, the doctrinal principles applied in England and Australia frequently serve to promote good faith. Those who wish to argue for a genera
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3

Eisenberg, Melvin A. The Principle of Good Faith in Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0052.

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It is a settled principle of contract law that a contracting party must perform her contractual duties in good faith. The meaning of the duty of good faith is complex. At a minimum, to be in good faith an actor must have acted in a way that she believed was proper, which is a subjective test. This subjective test is overlaid with several objective tests. First, it is not enough that an actor actually believed that her conduct was proper; her belief must be honest in the sense that it has some basis in morality. Next, although an actor's belief need not be reasonable to be in good faith, it mus
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4

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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5

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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6

Slorach, J. Scott, and Jason Ellis. 2. Partnership management and finance. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823230.003.0002.

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This chapter first discusses the legal relationship between the partners under section 24 of the Partnership Act 1890. It then explains the duty of good faith; the partnership’s finances; the distinction between a partner and a lender; division of profits and sharing of losses between partners; payment of interest; and partnership property.
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7

Slorach, J. Scott, and Jason Ellis. 2. Partnership management and finance. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787686.003.0002.

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This chapter first discusses the legal relationship between the partners under section 24 of the Partnership Act 1890. It then explains the duty of good faith; the partnership’s finances; the distinction between a partner and a lender; division of profits and sharing of losses between partners; payment of interest; and partnership property.
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8

Colin, Bamford. 7 Fiduciary Duties and How They Arise. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198722113.003.0007.

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This chapter looks at the concept of fiduciary duties and examines the history of the idea from its emergence over a century ago through to its treatment in modern cases. It then examines the identification of relationships that are fiduciary in nature, and goes on to discuss the nature of the fiduciary duties that arise in such a relationship, in particular the duty of good faith, the duty not to make a secret profit and the ‘no conflict’ rule.
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9

Lowe, Hannah, Shuying Huang, and Nuran Urkmezturk. A UK ANALYSIS: Empowering Women of Faith in the Community, Public Service, and Media. Dialogue Society, 2022. http://dx.doi.org/10.55207/zhqg9062.

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In the UK, belief, and faith are protected under the legal frame of the Human Rights Act 1998 (HRA) and the Equality Act 2010 (Perfect 2016, 11), in which a person is given the right to hold a religion or belief and the right to change their religion or belief. It also gives them a right to show that belief as long as the display or expression does not interfere with public safety, public order, health or morals, or the rights and freedoms of others (Equality Act 2010). The Equality Act 2010 protects employees from discrimination, harassment and victimisation because of religion or belief. Rel
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10

Hutchison, Cameron James. The duty to negotiate disputes in good faith in international environmental law. 2005.

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11

Woollard, Fiona. Doing and Allowing Harm. Oxford University Press, 2019.

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12

Woollard, Fiona. Doing and Allowing Harm. Oxford University Press, 2014.

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13

zalma, Barry. Ethics for the Insurance: Methods for Insurers and Their Personnel to Act with the Utmost Good Faith. Independently Published, 2018.

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14

Shiffrin, Seana Valentine. Democratic Law. Edited by Hannah Ginsborg. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190084486.001.0001.

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In this book, based on her 2017 Berkeley Tanner Lectures, the author offers an original, deontological account of democracy, law, and their interrelation. Her central thesis is that democracy and democratic law have intrinsically valuable, interconnected communicative functions. Democracy and democratic law together allow us to fulfill our fundamental duties to convey to each another messages of equal respect by fashioning the sorts of public joint commitments to act that a sincere message of equal respect requires. Law and democracy are essential to each other: the aspirations of democracy ca
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15

Bukarica, Alex, and Andrew Dallas. Good Faith Bargaining under the Fair Work Act 2009: Lessons from the Collective Bargaining Experience in Canada and New Zealand. Federation Press, 2013.

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16

Good Faith Bargaining under the Fair Work Act 2009: Lessons from the Collective Bargaining Experience in Canada and New Zealand. Federation Press, 2015.

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17

Barylo, William. British Muslims in the Neoliberal Empire. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780198924975.001.0001.

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Abstract Muslims in Europe and North America have been under scrutiny since 9/11 and have faced numerous barriers to attain financial stability, media visibility, and political representation. From the occupation of lands, the world has entered the era of the occupation of minds. State strategies have evolved to offer a dangerous gamble to people from post-colonial diasporas: remain at the margins or silently blend in for the sake of an illusory liberation. Power-hungry Muslim politicians in elite private clubs, politically apathetic social media influencers, multi-million-pound neo-colonial ‘
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18

Gerard, McMeel. Part II Related Doctrines, 11 New Horizons: Good Faith, Contractual Discretions, and Human Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0011.

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This chapter explores the roles of good faith, contractual discretions, and human rights in either the negotiation or performance of contracts. It first revisits the orthodox position is that English law does not recognize any over-arching obligation to act in good faith, before providing some examples of statutory interventions as well as common law principles. The chapter then turns to the problem of contractual discretions and provides some analogies with public law. Finally, the chapter turns to the subject of human rights, wherein it discusses the relevant provisions as stated in the Euro
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19

Ferzan, Kimberly Kessler. Omissions, Acts, and the Duty to Rescue. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190683450.003.0012.

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In criminal law, if the defendant omits to perform an action, he will typically not be liable unless he is under a duty to act. This chapter argues that the reason that individuals do not generally have a duty to rescue is part and parcel of a broader principle that also applies to acts. The means principle underlies the reason individuals need not act absent a duty, the constraint that their bodies and property may not be appropriated for the general good, and the permissibility of performing actions that allow others to be harmed. This principle also extends to a set of cases that look nothi
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20

Sielepin, Adelajda. Ku nowemu życiu : teologia i znaczenie chrześcijańskiej inicjacji dla życia wiarą. Uniwersytet Papieski Jana Pawła II w Krakowie. Wydawnictwo Naukowe, 2019. http://dx.doi.org/10.15633/9788374388047.

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TOWARDS THE NEW LIFE Theology and Importance of Christian Initiation for the Life of Faith The book is in equal parts a presentation and an invitation. The subject matter of both is the mystagogical initiation leading to the personal encounter with God and eventually to the union within the Church in Christ, which happens initially and particualry in the sacramental liturgy. Mystagogy was the essential experience of life in the early Church and now is being so intensely discussed and postulated by the ecclesial Magisterium and through the teaching of the recent popes and synods. Within the ten
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21

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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22

Catherine, Brölmann. 5 Obligations of International Organizations, 5.2 Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt , Advisory Opinion, [1980] ICJ Rep 73. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0026.

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The 1980 WHO Advisory Opinion elaborates on the general legal obligations (grounded in the duty of co-operation and good faith) that are part of the relationship between an international organization and its host state. In this opinion the ICJ possibly for the first time articulated this relationship as a set of mutual obligations between legal equals. The opinion moreover enunciates the sources of international legal obligations binding upon international organizations (IOs): the treaties they conclude (uncontroversial); I customary international law; their constitutions. The Court uses the p
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23

Eisenberg, Melvin A. Incomplete Contracts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0036.

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Chapter 36 considers issues that result from the incompleteness of a contract. In economic theory a complete contract is a contract that specifies the parties’ rights, duties, and remedies under every possible state of the world. Under this conception every contract is incomplete, because it would be prohibitively expensive to delineate the effect of all possible future states and the consequences of each state. In contract law the term incomplete contract means a contract that is gappy or indefinite in important respects. The law on incomplete contracts concerns when a contract has too many g
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24

Yamashita, Yoshikazu. Formation of Contract in Japan. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0012.

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This chapter provides insights into the law on contract formation in Japan. The Japanese approach is traditional, requiring an agreement which, in turn, normally requires an offer and matching acceptance, according to the mirror image rule. Once offers become effective, the 1898 Japanese Civil Code severely restricts their revocability. This is in tune with the mostly German origins of Japanese contract law. However, the drafters of the Code deliberately followed the common law in one respect: the offeree’s acceptance becomes effective as soon as it is dispatched. This is highly controversial
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25

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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26

Lowe, Hannah, Nuran Urkmezturk, and Iysha Arun. SUPPORTING GENDER EQUALITY: Examples from Politics, Business and Academia in the UK. Dialogue Society, 2021. http://dx.doi.org/10.55207/nubs7155.

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The Dialogue Society supports the Equality Act 2010 (Government Equalities Office 2015). We believe we have a duty to eliminate discrimination, advance equality of opportunity, and foster good relations within our organisation. Furthermore, Dialogue Society aims to reflect its values in accordance with the Equality Act 2010 within society. Whether it is direct discrimination, indirect discrimination, harassment or victimisation, any form of discrimination must be condemned in any area of social life. Society will be in its fully developed form when all forms of discrimination are eliminated. T
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27

Broyde, Michael J. Sharia Tribunals, Rabbinical Courts, and Christian Panels. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190640286.001.0001.

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This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and regulate religious arbitration, including those from Rabbinical Courts, Sharia Tribunals, and any faith-based arbitration tribunals. It covers the history of religious arbitration, the kinds of faith-based dispute resolution models currently in use, how the law should perceive them, and what the role of religious arbitration in the United States should be. Part I examines why religious individ
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28

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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29

Charles T, Kotuby, and Sobota Luke A. Ch.2 Modern Applications of the General Principles of Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190642709.003.0002.

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The purpose of this chapter is to define the general principles of law as they have been applied in national courts and international tribunals. For instance, the very concept of the law requires good faith adherence to contractual obligations (pacta sunt servanda) and the good faith exercise of legal rights. States as well as private parties are also precluded from contradicting their actions (estoppel) or abusing their rights, thereby defeating the legitimate expectations of another. Nor may they benefit from their own wrong or be unjustly enriched at another’s expense. All parties are liabl
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30

McLeod, Hugh. Religion and the Rise of Sport in England. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192859983.001.0001.

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Abstract Sport is everywhere—whether on television, social media, or press, and even in politics. This modern sporting world has been a long time in the making, and at each stage religion has played a part. In the early nineteenth century this was largely negative. Evangelicals led campaigns to suppress sports based on gambling and those deemed cruel, brutal, or disorderly. But in the second half of the century there was a reconciliation between religion and sport. Religious campaigners turned from attacking ‘bad’ sports to promoting ‘good’ sports. ‘Muscular Christians’ and later ‘muscular Jew
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31

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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32

McGrade, A. S. Richard Hooker. Edited by William J. Abraham and Frederick D. Aquino. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199662241.013.23.

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This chapter identifies epistemic goods in Hooker’s Of the Laws of Ecclesiastical Polity. Hooker de-epistemizes scripture by arguing that it neither claims to provide nor can provide a particular warrant for every act of ordinary life or an immutably binding plan of church governance. This frees us from stressful searching of scripture and encourages us to use reason. Both reason and tradition foster Hooker’s emphasis on community, evident in his sympathy with other churches and with devout adherents of non-Christian religions. He values public worship as an important epistemic good in itself
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33

Colin, Edelman, and Burns Andrew. The Law of Reinsurance. 3rd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198870937.001.0001.

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This guide to reinsurance law is an easy-to-read specialist reference focusing solely on reinsurance. Every aspect of the core and subsidiary principles of reinsurance law are covered beginning with an investigation of the definition, purpose, and types of reinsurance. Guidance is given on contractual principles and terms in the reinsurance context, obligations, rights and liabilities of the reinsurer, and the choice of law. With usability and practicality in mind, a number of aspects have been further developed in this edition. There is an increased depth of analysis in addressing ‘Follow the
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34

Stern, Gary. Can God Intervene? Praeger, 2007. http://dx.doi.org/10.5040/9798400623127.

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The death and devastation wrought by the tsunami in South Asia, Hurricane Katrina in the Gulf states, the earthquake in Pakistan, the mudslides in the Philippines, the tornadoes in the American Midwest, another earthquake in Indonesia-these are only the most recent acts of God to cause people of faith to question God's role in the physical universe. Volcanic eruptions, wildfires, epidemics, floods, blizzards, droughts, hailstorms, and famines can all raise the same questions: Can God intervene in natural events to prevent death, injury, sickness, and suffering? If so, why does God not act? If
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35

Atkins, Ruth. Koffman, Macdonald & Atkins' Law of Contract. 10th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198860907.001.0001.

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Koffman, Macdonald & Atkins’ Law of Contract provides a clear, academically rigorous, account of the contract law which is written in a style which makes it highly accessible to university students new to legal study. It works from extensive consideration of the significant cases, to provide students with a firm grounding in the way the common law functions. There are chapters on formation, certainty, consideration, promissory estoppel, intention to create legal relations, express and implied terms, classification of terms, exemption clauses, the Unfair Contract Terms Act 1977, unfair term
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