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Essay text:
Good faith is valuable because it provides confidence in the formation of contracts between two parties. However there are conflicting views and criticisms of the doctrine of good faith.
The “pragmatic theory of cooperation” [2] underlines the effectiveness of the common law system and emphasizes that there is not a need for a clearly defined doctrine of good faith. Economic theory (the “repugnancy thesis of self interest”) goes further and criticizes the ability the doctrine holds to oppressively “constrains the pursuit of self interest.”[3] Although the doctrine may be valuable, the ramifications and effects that such a doctrine would create, need to be analyzed and evaluated...
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Common topics in this essay:
- Contractual Duty of Good Faith
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