Definition Of Good Faith Becomes Binding By Virtue Of Application Of The Un Convention On Contracts

This agreement made and entered into this date October 23, 2015, by and between Machines, Inc. of Austin, Texas, and Widgets, Inc. of Detroit. It was designed for both parties to understand terms and condition of their trading. This sale contract was developed by Uniform Commercial Code, which is government rules regarding businesses or companies. According to Raina article, “the terms and conditions in import contracts outline the rights and obligations of the importer and the foreign supplier in carrying out the transaction (1990, sec.1). This contract regards for the purchase of the goods described below:

According to the UCC (Uniform Commercial Code) “good faith” is the belief that those involved in a contract will act honestly and fairly. That is saying that those entering a contract will act in and honest and fair manner in regards to the contracts they are entering. The obligations of good faith are part of every contract under the UCC. They act as the framework for the parties entering a contract. An example of good faith is car insurance. A person pays monthly for car insurance with the understanding that their insurance company will cover a certain amount in damages if the car is involved in an accident. If after the car is involved in an accident they insurance company does not pay the amount agreed to for the damages they have not acted

There is no general definition of good faith under English contract law; it is generally a presumption that two parties will act honestly and fairly with one another. Unlike other systems of law, such as the French Civil Code, English contract law does not recognise the obligation of ‘good faith’. Instead there is more of a negative obligation not to tell lies rather than a positive obligation to tell the truth and act in good faith. However recent cases such as Yam Seng PTE Ltd v International Trade Corporation Limited have shown that the courts attitudes towards good faith have been developing and changing. Now it may be possible to imply a term of good faith in a contract. Therefore, where traditionally there has been a negative obligation not to tell lies, English contract law may be slowly moving towards an obligation of good faith.

Good faith has thus been defined as “an honest and sincere intent and purpose to explore all possibilities of settlement of the matters in dispute, until the exhaustion of all reasonable efforts and the arrival at a point where a definite decision is reached.”

In the United States, businesses contribute a substantial portion towards building the country’s economy. It encourages the productivity by providing huge profits and growing revenues in the country. The business industry increases employments and offers a form of financial security for the people. As result, the US created a uniform body of laws to regulate these commercial transactions; buying and selling of goods. In 1949, the National Conference of Commissioners on Uniform State Laws developed the Uniform Commercial Code (UCC) to help govern commercial transactions of sale and lease contract. Contracts can come in any form and types. It can be long-term or short term depending on the kind of business you have. A sale contract of goods contract is an agreement between a buyer and seller to transfer goods and title at an agreed price with specify delivery terms. The UCC provide a resolution to problems that can arise during such transaction and gave individuals a clear understanding of the rules in doing business. In the case of 3300625 Canada, Inc. versus New York Look Enter., Inc. we have a commercial transaction between a seller who agreed to transfer and deliver conforming goods to a buyer who will accept and pay for the conforming goods. However, a dispute arises during the transaction due to miscommunication of alternative delivery dates that lead to a lawsuit in court.

Contract comes into existence when both parties (offeror and offeree) have agreed terms in negotiations. The contract becomes binding when there is an agreement from both sides. It is not effective until there is communication.

Importing legislation from a nation of dissimilar jurisprudential background is likey to create inconsistency in our current legal framework. Not only is the notion of good faith irreconcilable with existing common law, the concept itself is vastly uncertain and open to interpretation. It has been criticized that the misapplication of good faith in contract in US has created a state of confusion leading to irreconcilable decisions. The definition of good faith in US has largely been uncertain; it even has been referred as ‘mystery’ . The illusory nature of good faith will have a negative impact on our established legal system:

Due to the different roots of the two systems, the definition of a contract, as well as its formation, differ between contract law in Common Law Jurisdictions and in Civil Law Jurisdictions (France). The Common Law views contracts as bargains, exchange, a simple agreement has no binding force. It is mainly concerned with forecasting the impact and the binding legal consequences of a party’s promise. The structure or purpose of the contract is not as important as knowing whether the promise of performance that the contract is based upon is enforceable.

The law of contract in many legal systems requires that parties should act in good faith. English law refuses to impose such a general doctrine of good faith in the field of contract law. However, despite not recognizing the principle, English contract law is still influenced by notions of good faith. As Lord Bingham affirmed, the law has developed numerous piecemeal solutions in response to problems of unfairness. This essay will seek to examine the current and future state of good faith in English contract law.

Term may be implied by custom. Here it is suggested that a contract must always be examined in the light of its surrounding commercial context. So the parties automatically assume that sometimes their contract will be subject to the customs of a particular locality or trade and therefore do not deal specifically with the matter in their contract. One of

Conceptually, reasonable expectations of honest men and sanctity of contract are not in conflict. Indeed, they often point to the same direction – it is the reasonable expectation of an honest man that an agreement should be executed. Although it is observed that the two themes usually work side by side, this essay argues that in regards to the rules of acceptance of unilateral contracts, the English courts place more emphasis on reasonable expectations when making decisions.

The second part mainly expounds the relevant article about passing of risks in United Nations Convention on Contracts for the International Sale of Goods( CISG ), which could help me to explore the advantages and disadvantages of the delivery principle established by CISG in my dissertation.

The article mainly talks about the four methods which are widely used as the consumer protection techniques in European Contract Law. By individually discussing every technique in law aspect as well as the evaluation of the author, this article lets the readers know the content in a very clear format. There are introduction and conclusion at the beginning and the end of the paper which also provides the logical thinking of the author and made it much easier for the readers to get the idea of the whole paper.

* Territorial Rights: The manufacturer should spell out the territorial jurisdiction of each of the distributor to avoid any territory jumping. This will also help in the distributor’s evaluation.

The subject of the research is the law applicable in international commercial arbitration. The paper will first deal with the law applicable to arbitration agreement. Secondly, the question of determination of law applicable to the merits of the dispute will be brought up including the case when the intention of the parties can be found and the situation when there is absence of the choice of law made by the parties. The significance of the selected research topic can be explained by the fact that international commercial arbitral proceedings is widely used by the parties of commercial transactions as the effective method of dispute settlement and the issue of applicable law to the merits of the dispute is one of the main which the arbitral tribunal has to decide.