Chapter

Public Law Influences in Contract Law

Jack Beatson

in Good Faith and Fault in Contract Law

Published in print August 1997 | ISBN: 9780198265788
Published online March 2012 | e-ISBN: 9780191682964 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265788.003.0010
Public Law Influences in Contract Law

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This chapter explores the actual and potential influence of principles of public law and statutory regulatory regimes in the English law of contract. It is primarily concerned with potential influence because, although public law principles have been utilized in a few particular contexts, they have not yet influenced the general principles of English contract law. Although some commentators argue for the separation of the analysis of the common law and statute law, it is argued that the issues raised by a number of the topics considered in this book, in particular good faith and fairness, pre-contractual duties, and long term or ‘relational’ contracts can usefully be illuminated by public law principles.

Keywords: English law; public law; regulatory regimes

Chapter.  14039 words. 

Subjects: Civil Law

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