A Comparative Study of Good Faith, Fair Dealing, and Precontractual Liability
Nadia E. Nedzel (Author)
The Article begins by defining the duty of good faith under French and American law and discussing the interplay between the underlying contract and tort theories. The second part of the Article will focus on the point at which the duty may arise in the course of negotiations. Third, the measure of damages under both schemes will be discussed. Finally, the differences will be examined in light of the good faith requirement delineated in the Vienna Sales Convention, article 7,5 and as expanded upon in Unidroit principles articles 1.7 and 2.15.6 The comparison of French and American approaches to the existence and nature of a precontractual duty of good faith shows that efforts to harmonize the two approaches are likely to be successful once attorneys become familiar with the scope and nature of such a duty. The Article will conclude with some recommendations for facilitating the development of law in both jurisdictions
eBook, English, 2015
SSRN, [S.l.], 2015