Paper Information

Journal:   AZAD LEGAL RESEARCHES   FALL 2007-WINTER 2008 , Volume - , Number 2; Page(s) 71 To 97.
 
Paper: 

MEANING AND CONCEPT OF "GOOD FAITH" IN CONTRACTS

 
 
Author(s):  ABBASI ESMAEIL*
 
* 
 
Abstract: 

The term "Good Faith" in contracts could be considered as a simple and easy to grasp and at the same time very sophisticated and difficult concept. Simple because, every individual has a clear understanding of the term "Good Fait" such as having good and not deceitful intentions. Understanding of this apparently simple and clear concept in contracts is difficult and complicated and there are lots of conflicting views and debates about the meaning of this term which shows how difficult is to provide a clear meaning for "Good Faith" could be divided into two main categories. The first group consists of definitions which have positive implications that is to say, by defining what is considered as "Good Faith" and cases that come under this term. an attempt is made to elaborate on this concept.
The second group refers to definitions which have negative implications. In other word, what cases are not considered as "Good Faith" but rather lack "Good Faith". Meanwhile, with respect to the definitions provide above for "Good Faith" in contract, it becomes clear that this concept is related to other legal contractual concepts and terms. The main concepts and terms (entities) which are somehow related to the concept of "Good Faith" are: Fair dealing, principle of disclose, Estoppel, Misrepresentation, Abuse of right and Equity.
Due to similaries and closeness of the meaning and connotation of these terms and the "Good Faith", in order to have comprehensive understanding of the term "Good Faith" and the related concepts it is imperative to review and make comparison between the above concepts and the term "Good Faith".

 
Keyword(s): GOOD FAITH, CONTRACT, FAIR DEALING, PRINCIPLE OF DISCLOSE, ESTOPPEL, MISREPRESENTATION, ABUSE OF RIGHT AND EQUITY
 
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