Overview
Uniquely focuses on hardship under the UNIDROIT Principles
Offers a reasonable approach to tackle issues and challenges relating to hardship in the context of COVID-19
Examines long-term relational contracts in international sale of goods and double construction in supply contracts
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Table of contents (6 chapters)
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Front Matter
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Back Matter
Keywords
- contract law
- Nature of Contract
- Freedom of Contract
- Contract Principles
- Hardship
- Hardship clause
- Force Majeure
- CISG
- UN Sales Convention
- PICC
- COVID-19
- Change of Circumstances
- Long-term Contracts
- Relational Contracts
- Supply Contracts
- International Sale of Goods
- Lex Mercatoria
- Uniform Sales Law
- Harmonisation of International Contract Law
- International Commercial Law
About this book
This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how relational contract theory can be applied to the analysis of specific legal rules in general. Lastly, this boos highlights how the duty to renegotiate and the power to adapt a contract can be further developed upon the occurrence of hardship, based on good faith and the relational nature and characteristics of a long-term relational supply contract.
This book explores and enriches the existing research on relational contract theory concentrates primarily on its application in domestic contract laws, particularly in the regulation of long-term contracts in American contract law. As an outcome this book provides a more feasible and satisfactory approach for courts or arbitral tribunals to undertake when facing hardship issues in international contract disputes. Overall, hardship themes, long-term relational supply contracts and good faith are examined extensively.
Reviews
Authors and Affiliations
About the author
Dr Peng Guo is a Lecturer in Law at the Graduate School of Business and Law at RMIT. He specialises in international sale of goods, international commercial arbitration, comparative contract law, and Chinese law. His long-term research focus is on CISG case law in China and Australia. He has been a recipient of scholarships awarded by renowned research institutions and international organisations. He has also held visiting positions at different universities in Asia and Europe.
Bibliographic Information
Book Title: Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective
Authors: Peng Guo
DOI: https://doi.org/10.1007/978-981-16-5513-5
Publisher: Springer Singapore
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022
Hardcover ISBN: 978-981-16-5512-8Published: 10 November 2021
Softcover ISBN: 978-981-16-5515-9Published: 11 November 2022
eBook ISBN: 978-981-16-5513-5Published: 09 November 2021
Edition Number: 1
Number of Pages: XVII, 184
Number of Illustrations: 1 b/w illustrations
Topics: Common Contract Law, Business Law, Common Tort Law, Public International Law , Common Company Law, Common Property and Land Law