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Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective (Hardcover, 1st ed. 2022)
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Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective (Hardcover, 1st ed. 2022)
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This book provides fair and acceptable solutions to hardship issues
in long-term relational supply contracts. This book uses an
approach to strike a balance between the traditional approach
underlying classical contract law which emphasises the almost
absolute prevalence of the principle of pacta sunt servanda and a
flexible approach that is based on the principle of clausula rebus
sic stantibus. This book argues for an emerging principle of pacta
sunt servanda bona fide on the basis of the relational contract
theory. Additionally, this book demonstrates how good faith can
serve as a foundation for imposing a duty to renegotiate on the
parties. The aim of this book is rather to propose how relational
contract theory can be applied to the analysis of specific legal
rules in general. Lastly, this boos highlights how the duty to
renegotiate and the power to adapt a contract can be further
developed upon the occurrence of hardship, based on good faith and
the relational nature and characteristics of a long-term relational
supply contract. This book explores and enriches the existing
research on relational contract theory concentrates primarily on
its application in domestic contract laws, particularly in the
regulation of long-term contracts in American contract law. As an
outcome this book provides a more feasible and satisfactory
approach for courts or arbitral tribunals to undertake when facing
hardship issues in international contract disputes. Overall,
hardship themes, long-term relational supply contracts and good
faith are examined extensively.
General
Imprint: |
Springer Verlag, Singapore
|
Country of origin: |
Singapore |
Release date: |
November 2021 |
First published: |
2022 |
Authors: |
Peng Guo
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Dimensions: |
235 x 155mm (L x W) |
Format: |
Hardcover
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Pages: |
184 |
Edition: |
1st ed. 2022 |
ISBN-13: |
978-981-16-5512-8 |
Categories: |
Books >
Law >
International law >
Public international law >
General
Books >
Law >
Laws of other jurisdictions & general law >
Financial, taxation, commercial, industrial law >
Company law
Books >
Law >
Laws of other jurisdictions & general law >
Private, property, family law >
Contract law
Books >
Law >
Laws of other jurisdictions & general law >
Private, property, family law >
Torts / delicts
Books >
Law >
Laws of other jurisdictions & general law >
Private, property, family law >
Property, real estate, land & tenancy law
|
LSN: |
981-16-5512-X |
Barcode: |
9789811655128 |
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