The Common Core of European Private Law: Good Faith in European Contract Law

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

Part I. Setting the Scene: 1. Good faith in European contract law: surveying the legal landscape Simon Whittaker and Reinhard Zimmermann; 2. Bona fides in roman contract law Martin Josef Schermaier; 3. Good faith in contract law in the medieval IUS commune James Gordley; 4. The conceptualization of good faith in American contract law: a general account Robert S. Summers; Part II. The Case Studies: Case 1: Courgettes perishing: Discussions: editors' comparative observations; Case 2: Degas drawing: Discussions: editors' comparative observations; Case 3: Breaking off negotiations: Discussions: editors' comparative observations; Case 4. Formalities I: Discussions: editors' comparative observations; Case 5: Formalities II: Discussions: editors' comparative observations; Case 6. One bag too few: Discussions: Editors' comparative observations; Case 7: Late payment of rent: Discussions: editors' comparative observations; Case 8: Delivery at night: Discussions: editors' comparative observations; Case 9: Uniformity of outfit: Discussions: Editors' comparative observations; Case 10: Dissolution of partnership: Discussions: editors' comparative observations; Case 11: Untested motors working Discussions: editors' comparative observations; Case 12: No use for borrowed motorbike: Discussions: editors' comparative observations; Case 13: Inspecting the books: Discussions: editors' comparative observations; Case 14: Producing new bumpers: Discussions: editors' comparative observations; Case 15: Two cracks in a shed: Discussions: editors' comparative observations; Case 16: Drug causing drowsiness in driving: Discussions: editors' comparative observations; Case 17: Bank miscrediting customer: Discussions: editors' comparative observations; Case 18: Access to medical records: Discussions: editors' comparative observations; Case 19: Doctors swapping practice: Discussions: editors' comparative observations; Case 20: Prescription I: Discussions: Editors' comparative observations; Case 21: Prescription II: Discussions: Editors' comparative observations; Case 22: Sitting on one's rights: Discussions: editors' comparative observations; Case 23: Long term business relationships I: Discussions: editors' comparative observations; Case 24: Long term business relationships II: Discussions: editors' comparative observations; Case 25: Effect of inflation: Discussions: Editors' comparative observations; Case 26: 'Sale' of soccer player: Discussions: editors' comparative observations; Case 27: Disability insurance: Discussions: editors' comparative observations; Case 28: Crop destroyed by hail; Case 29: Divorce settlement: Discussions: editors' comparative observations; Case 30: Penalty for late delivery: Discussions: editors' comparative observations; Coming to terms with good faith Simon Whittaker and Reinhard Zimmermann.