By Angelo D.M. Forte
Strong religion is already a well-known idea in overseas advertisement legislation and a regarded precept of considerable legislations in numerous significant felony structures. within the uk, in spite of the fact that, a job for solid religion and, extra essentially, the difficulty of even if there needs to be a basic precept of fine religion informing English and Scots agreement and estate legislation, are nonetheless concerns for debate. This ebook, containing the papers added on the Symposium on reliable religion in agreement and estate legislations held in Aberdeen college in October 1998, engages in that serious debate. whereas its vital middle displays on reliable religion from the point of view of a combined felony process (Scots Law), papers on reliable religion from an English and ecu point of view find the controversy, competently, inside of a broader jurisdictional context.
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The general principle of good faith enabled the House of Lords to deal with a problem for which there was thought to be no satisfactory answer in the existing specific rules of Scots law. 63 It is exactly the same as recognising a general duty of care in negligence,64 or a principle against unjustified enrichment;65 the law can move on, and new rules develop. F. M. Steinhauer, “The Doctrine of Good Faith in German Contract Law” in Beatson and Friedmann (eds), n. S. Markesinis, W. Lorenz, G. Dannemann, The German Law of Obligations Volume I: The Law of Contracts and Restitution: A Comparative Introduction (Oxford, 1997), ch.
Law Com. No. 171 (1999). 58 McBryde, n. 4 above, 511–13. 59 McBryde, n. 37 above, 58–64. 60 Lindley Catering Investments Ltd v. Hibernian Football Club Ltd 1975 SLT (Notes) 56; Strathclyde Regional Council v. Border Engineering Contractors Ltd 1998 SLT 175; McBryde, n. 4 above, 329. L. MacQueen, M. Hogg, P. Hood, “Muddling Through? Legal Responses to E-commerce from the Perspective of a Mixed System” Molengrafica: Europees Privaatrecht 1998 199–200, 208, 220–1. 61 Stair Memorial Encyclopaedia, vol.
McBryde, “Remedies for Breach of Contract” (1996) 1 Edinburgh Law Review 43, 48–54. Note also, Retail Parks Investments Ltd v. 2) 1996 SC 227. 38 See McBryde, n. L. MacQueen, “Remedies for Breach of Contract: the Future Development of Scots Law in its European and International context” (1997) 1 Edinburgh Law Review 200, 207–9. Note also, Bank of East Asia v. W. McBryde, “Mutuality Retained” (1996) 1 Edinburgh Law Review 135. J. Macgregor, “The Expectation, Reliance and Restitution Interests in Contract Damages” 1996 Juridical Review 227.