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Good Faith and Fault in Contract Law$
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Jack Beatson and Daniel Friedman

Print publication date: 1997

Print ISBN-13: 9780198265788

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265788.001.0001

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Good Faith and Remedies for Breach of Contract

Good Faith and Remedies for Breach of Contract

(p.399) 16 Good Faith and Remedies for Breach of Contract
Good Faith and Fault in Contract Law

Daniel Friedmann

Oxford University Press

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

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