Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 69 for “"good faith"”.
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The Role of Good Faith: A Case Study on the Application of Good Faith in the CISG
The work at hand discusses the role of ‘good faith’ in the meaning of Article 7 of the United Nations Convention on Contracts for International Sale of Goods (CISG). The CISG is a sales convention developed by UNCITRAL with the objective to provide a uniform and fair regime for the international …
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Implied Obligations of Good Faith in English Contract Law
The concept of ‘good faith’ in English contract law has been the subject of intensified debate in the last decade. This has been precipitated partly by developments in other jurisdictions, as well as being influenced by academic and extrajudicial writings. By far the most impactful driver of the …
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The role of good faith in the South African law of contract
… with the aim of determining what the role of good faith in the South African law of contract is and how this concept is approached by South African courts. A brief overview of the historical origins of the concept is given and the English law is considered as a foreign jurisdiction in order to …
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Good faith in contract law : a comparative analysis of English and German law.
The concept of good faith has an important role to play in English contract law, where the elements necessary for its recognition already exist. Nevertheless, the issue has divided the contract community. Although there is strong support for the recognition of such a concept, it is more often …
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When good faith is not enough: Ensuring education equity during and after legal intervention
This paper seeks to address ever-increasing challenges facing schools in the midst of desegregation or racial balancing plans and procedures. It discusses the need for school districts across the country under consent decrees to return to the drawing board in finding an alternative plan for …
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Attaining uniformity in the meaning and application of good faith in international trade instruments
… to have a universally acceptable meaning of good faith and if indeed such a meaning can finally lead to uniformity in the application of the concept in international commercial transactions. It will be argued that such uniformity is possible but that it cannot be achieved without addressing …
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Prosecutor Misconduct and Good Faith Error: A Reanalysis of Two Studies in California and Texas
… the phenomena of prosecutor misconduct and good faith error: ethnographic content analysis on 190 appellate cases, in-depth case studies of five specific Texas appellate cases, and interviews with 10 current and former prosecutors. Findings from the study reveal that the range and prevalence …
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Good faith and fair dealing in international commercial contracts : a quest for uniformity in application
… as the Convention for the International sale of goods (CISG) in Article 7(1), the UCC of the United States, UNIDROIT in article 1.7, and the most important adoption on the European continent, the Principles of European Contract Law (PECL), specifically article 1: 202(1) and 1: 106 (1) of the …
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Credit, self-employment, and poverty alleviation : a study of the Good Faith Fund in rural Arkansas
Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1990.
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Teaching in Good Faith: An Exploration of the Personal, Professional, and Philosophical Evolution of First-Year Educators
<p>The teaching profession is notoriously difficult. The attrition rate for teachers in their first three years is 25% compared to the national attrition rate of 3.4% (BLS, 2016). Many studies indicate that teaching conditions and school culture influence a teacher's decision to stay or leave …
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The role of Good Faith in South African Contract Law: a critical analysis of the Beadica Judgement
… grappled with ascertaining the exact role that good faith plays in the law of contract for years now. Determining the proper operation and application of this principle has lent itself to many problems that have manifested in an inconsistent application of the principle of good faith and, …
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The role of good faith and fairness in contract law: where do we stand in South Africa, and what can be learnt from other jurisdictions?
Good faith is recognised as an underlying principle in South African contract law, and the contract law of many countries. There has been noticeable reluctance in some common law jurisdictions against the elevation of the role of good faith in contract law. This paper seeks to explore the tension …
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Sąžiningo įgijėjo apsaugos problemos: lyginamoji analizė /
Protection of a Good-Faith Acquirer The object of this master thesis is an institute of protection of a good faith acquirer who is not under contract with an original owner and problems concerning it. There are plenty of cases in Lithuanian case law where property of the original owner is …
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The duty of disclosure by directors of their interests in company contracts
… Parsons, dealing with the director's duty of good faith, argues that the director is a fiduciary and as such must act in good faith viz-a-viz the company of which he is a director. He formulates the principles which make up such duty of good faith as follows: I. II. "A director must not place …
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Self-Judgment in International Law
… judicial bodies have been relying on ‘good faith review’ as a potent tool to limit self-judgment by ‘judicialising’ it. Fourth, an emerging trend of reinforced self-judgment in treaty-making reveals how some states have resisted the judicialisation process, insisting on their right to …
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The impact of material non-disclosure and misrepresentation in South African insurance law : a comparative study
… dispute whereas, the principle of utmost good faith had been rejected as it is part of the English law. Different types of misrepresentation call for different remedies in terms of the common law. The comparation with one of the best world insurance law, Australia was made. The uncertainty …
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"How bona does fides need to be in contracts of Marine insurance?"a comparative analysis of the English and the South African approach to Marine insurance contracts
… Marine Insurance embraces the concept of Utmost Good Faith ( Uberrimae Fide,). The underlying motive for this is apparent in the requirement that an even higher standard of honesty than usual is necessary. The reason for this is that circumstances of a special nature exist which put the insurer …
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Beyond bad faith : vindicating the quest for being
By equating the "quest for Being" with "bad faith" Sartre has over-simplified and misrepresented human reality. In this thesis I examine Sartre's description of "the human condition," as well as his concepts of "bad faith", "good faith", "authenticity", and "the ego"--for evidence of the consistent …
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