Edinburgh Research Explorer

Good Faith in the Scots Law of Contract: An Undisclosed Principle?

Research output: Working paper

Original languageEnglish
PublisherUniversity of Edinburgh, School of Law, Working Papers
Number of pages27
DOIs
Publication statusPublished - 5 Aug 2011

Publication series

NameEdinburgh Law School Working Papers
No.2011/19

Abstract

Good faith is not an overtly recognised or apparently very active concept in general contract law in Scotland. This essay argues however that good faith does play a substantial role in contract law, but in a submerged or subterranean way, through particular rules rather than broad general statements. A particularly good example is provided by the authorities on pre-contractual liability, which are discussed in depth and compared with other systems, including the Principles of European Contract Law (PECL).

ID: 16551580