Unit 11- Supplementation of contract and good faith

Question 1

What happens if there is no appropriate gap filler?

Answer 1

There is a supplementation of the contract

Question 2

Good faith in the civil law

Answer 2

German civil code: the debtor shall render the performance in the way it is necessary to comply with the requirement of good faith

Question 3

Good faith in the common law

Answer 3

Doesn’t’ usually exist in common law jurisdictions, contracts are perceived as a result of bargain, parties are adversaries that try to strike the best deal

Question 4

Differences between English and American common law regarding good faith

Answer 4

In English Common Law there is no general principle of good faith in general law

In American common law there is a significant role played by the requirement of good faith specially with regard to the performance of a contract

Question 5

Contract drafting in common law

Answer 5

Parties tend to draft their agreement in as much detail as possible, to limit the scope of judicial interpretation.

Absence of general principles of good faith

Limited role for the courts