Electronic Agents and Contract Performance: Good Faith and Fair Dealing
نویسنده
چکیده
This paper examines how the civil law principle of good faith and the common law notion of fair dealing apply during the performance of contracts. After a brief look at their application in the precontractual stage, there is an examination of the notion of good faith and fair dealing in contract performance. Reference is made to the duty of the parties to act loyally and to co-operate during the performance of the contract. An argument is made for an objective interpretation of good faith that will enable its application to electronic agents.
منابع مشابه
Good Faith and Fair Dealing in the Context of Contract Formation by Electronic Agents
The principle of good faith is an important guideline for contractual behaviour that permeates civil law systems. This paper examines how this principle is applied during the negotiation stage of a contract. Select examples from civil law literature of precontractual duties of good faith, and of precontractual behaviour that is deemed to be contrary to good faith, are discussed. This is followe...
متن کامل“Package Deal”: The Curious Relationship Between Fiduciary Duties and the Implied Covenant of Good Faith and Fair Dealing in Delaware Limited Liability Companies
Since 1977, the popularity of the limited liability company (“LLC”) has grown tremendously, overtaking the corporation and the partnership as the preferred business structure in many jurisdictions. Amidst this growth in popularity, a legal debate has sparked concerning the existence, nature, and extent of the fiduciary and contractual duties owed in the LLC context. Drafters of LLC agreements c...
متن کاملContracting Out Non-State Providers to Provide Primary Healthcare Services in Tanzania: Perceptions of Stakeholders
Background In the attempt to move towards universal health coverage (UHC), many low- and middle-income countries (LMICs) are actively seeking to contract-out non-state providers (NSPs) to deliver health services to a specified population. Research on contracting-out has focused more on the impact of contracting-out than on the actual processes underlying the intervention and contextual factors ...
متن کاملDiscretionary Enforcement of Electronic Contracts
As in traditional commerce, parties to a contract in ebusiness environments are expected to operate in good faith and comply with mutually agreed terms of contract. It may be the case however that deviation from the agreed contract obligations occur either intentionally or due to force majeure. In this paper we argue that there is value in providing various levels of automated support to deal w...
متن کاملFairness , Incentives , and Contractual Choices
This paper examines how the presence of a non-negligible fraction of reciprocally fair actors changes the provision of incentives through contracts. We provide experimental evidence that principals have a strong preference for less complete contracts although the standard self-interest model predicts that they should prefer the more complete contract. Our theoretical analysis shows that fairnes...
متن کامل