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 True to Oneself: Sartre's Bad Faith and Freedom

Robert C. Solomon

in Dark Feelings, Grim Thoughts: Experience and Reflection in Camus and Sartre

Published in print:
2006
Published Online:
September 2006
ISBN:
9780195181579
eISBN:
9780199786602
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195181573.003.0006
Subject:
Philosophy, History of Philosophy

Sartre’s Being and Nothingness is one of the great books in philosophy of the 20th century. One of the most excerpted and most discussed sections of that book is the chapter on “Bad Faith”. Sartre’s ... More


Good Faith

Hector L MacQueen

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0002
Subject:
Law, Company and Commercial Law

This chapter considers good faith in the Principles of European Contract Law (PECL). It explains that Article 1:201 of PECL declares that each party must act in accordance with good faith and fair ... More


The Means of Interpretation Admissible for the Establishment of the Intention of the Parties

Eirik Bjorge

in The Evolutionary Interpretation of Treaties

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198716143
eISBN:
9780191784873
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716143.003.0003
Subject:
Law, Public International Law, Legal History

Chapter 3 takes issue with the perceived wisdom that the approach to treaty interpretation opted for in the Vienna Convention has been that the general rule of interpretation put paid to the notion ... More


The Need for Public Law Standards of Review in Investor-State Arbitrations

William Burke-White and Andreas von Staden

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0022
Subject:
Law, Constitutional and Administrative Law, Public International Law

In recent years, investment arbitration has increasingly moved from its private law origins into the realm of public law adjudication, but the standards of review applied by ad hoc arbitral tribunals ... More


Good Faith and Fault in Contract Law

Jack Beatson and Daniel Friedman (eds)

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.001.0001
Subject:
Law, Law of Obligations

This chapter brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. ... More


Good Faith in Contract Performance

E Allan Farnsworth

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0006
Subject:
Law, Law of Obligations

This chapter identifies the great variety of situations in which the issue of good faith in contract performance arises in United States law. It traces the historical origins of the good faith ... More


Conclusion

Chaim Gans

in A Just Zionism: On the Morality of the Jewish State

Published in print:
2008
Published Online:
September 2008
ISBN:
9780195340686
eISBN:
9780199867172
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340686.003.0007
Subject:
Political Science, Comparative Politics, International Relations and Politics

The concluding chapter sums up the main points of the book and also spells out the serious ramifications of not implementing a just version of Zionist ideology as argued for in this book. It spells ... More


The Content and Performance of Contracts of Employment

Mark R. Freedland and Nicola Kountouris

in The Legal Construction of Personal Work Relations

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199551750
eISBN:
9780191731013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551750.003.0006
Subject:
Law, Employment Law

This chapter analyses the doctrines and regulatory techniques which have evolved to ascertain the content of contracts of employment in relation to their performance. It begins by identifying the way ... More


Good Faith as Contract’s Core Value

Daniel Markovits

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0014
Subject:
Law, Philosophy of Law, Law of Obligations

The duty of good faith is not a separate undertaking of the parties, but an approach towards the duties they have undertaken. It is an attitude of respect for the contract relation. To display good ... More


An English Lawyer Looks at American Contract Law

Michael Bridge

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0014
Subject:
Political Science, American Politics

This chapter presents a comparative analysis of U.S. and English contract law. It considers the principles and misgiving about unconscionability and good faith, drawing appropriate comparisons with ... More


Lecture Three—A Change in Perspective: European Private Law and its Historical Foundations

REINHARD ZIMMERMANN

in Roman Law, Contemporary Law, European Law: The Civilian Tradition Today

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198299134
eISBN:
9780191708046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299134.003.0004
Subject:
Law, Comparative Law

This lecture presents a number of examples that highlight the intellectual link between legal history and comparative law. In addition, nearly all these examples emphasise connections existing ... More


The Good-Faith Exception

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0014
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the good-faith exception. By 1981, the majority of the Supreme Court shared Justice White's objective to the bar application of the exclusionary rule when police acted in the ... More


Framing Incomplete Contracts

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0010
Subject:
Law, Legal History

Incomplete contracts and the implication of terms in contract disputes are the subjects of a considerable debate in legal scholarship and judicial opinion. This debate plays an indirect role in a ... More


Pre-contractual Duties: Two Freedoms and the Contract to Negotiate

Nili Cohen

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0002
Subject:
Law, Law of Obligations

This chapter considers a broad spectrum of duties and liabilities at the pre-contractual stage. It addresses the interrelations of freedom in the bargaining process, the duty of good faith, and a ... More


Good Faith and Remedies for Breach of Contract

Daniel Friedmann

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0016
Subject:
Law, Law of Obligations

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 ... More


The Essence of and Response to the Indeterminacy of Treaty Provisions

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0018
Subject:
Law, Public International Law

This chapter focuses on a number of contexts where the policy-abundant indeterminate notions are included in treaties with the effect of impacting the rights and duties of States. These contexts ... More


The Role of the Principle of Good Faith in Treaty Shopping

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0010
Subject:
Law, Public International Law

As Chapter 9 submits, the (public international law) principle of good faith is key to understanding the distinction between ‘legitimate nationality planning’ and ‘abusive treaty shopping’. Yet, the ... More


Questions of Trust

Neil MacCormick

in Practical Reason in Law and Morality

Published in print:
2008
Published Online:
May 2009
ISBN:
9780198268772
eISBN:
9780191713071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268772.003.0005
Subject:
Law, Philosophy of Law

This chapter considers the place of mutual trust in human engagements, both in relation to honesty and truthfulness in communication and in relation to good faith in contracts, promises, and the like.


Good Faith in Contract Law

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0004
Subject:
Law, Comparative Law

The role that good faith plays in the law of contract is very much a topical question in both Scotland and South Africa. It is probably fair to say that the key question for both systems is whether ... More


Negotiation, Formation, Terms, and Interpretation

Martin Davies and David V. Snyder

in International Transactions in Goods: Global Sales in Comparative Context

Published in print:
2014
Published Online:
August 2014
ISBN:
9780195388183
eISBN:
9780199382590
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388183.003.0003
Subject:
Law, Company and Commercial Law

The different legal ideas of precontractual liability, contract formation, contract terms, and contract interpretation are all rolled into this chapter because they spring from a single set of facts: ... More


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