Chapter

Good Faith and Remedies for Breach of Contract

Daniel Friedmann

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/9780198265788.003.0016
Good Faith and Remedies for Breach of Contract

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This chapter discusses the theory that gaps created in English law by the lack of good faith doctrine are filled in part by the law of remedies. The discretionary remedies of specific performance and injunction are likely to be denied to a party who acted unfairly or in breach of the requirement of good faith. These remedies are thus utilized to control contractual behaviour. Even the non-discretionary remedy of damages embodies rules, such as those on mitigation, which discourage unfair conduct. The chapter also discusses the self-help remedy of termination and the various limitations upon its application, which are based upon ideas akin to that of good faith.

Keywords: contract law; remedies; termination; good faith

Chapter.  14689 words. 

Subjects: Civil Law

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