Differences in Result

A comparative examination of all the answers provided by the contributors to that study revealed the following

³⁶⁶ M. G. Bridge, 'Does Anglo-Canadian Contract bw Need a Doctrine of Good Faith?', (1984) 9 Canadian Business Law Journal 413 f.

Cf. also, e.g., Roy Goode, the Concept of 'Good Faith' in English biw (1992); Stephen A. Smith, 'Remarks on Contract' (1994) 47 Current Legal Problems 8 if.; and the contributions by Beatson and Friedmann, Cohen, and McKendrick to Jack Beatson and Daniel Friedmann (eds.), Good Faith and Fault in Contract Law (1995), 3 if., 25 if. and 305 if.

³⁶⁷ See supra pp. 85 if.

³⁶⁸ Hie comparative case studies have now been published in Reinhard Zimmermann and Simon Whittaker (eds.), Good Faith in European Contract Law (2000), 145 if. Such enquiry* appeared to us to be particularly topical in view of the fact that all member states of the European Union have implemented the Directive on Unfair Terms in Consumer Contracts and will thus have to come to terms with a general notion of 'good faith' in a central area of their contract law; for England see, e.g., Hugh Collins, 'Good Faith in European Contract Law’, (1994) 14 Oxford JLS 229 if.; Hugh Beale, 'Legislative Control of Fairness: The Directive on Unfair Terms in Consumer Contracts', in Beatson and Friedmann (n. 366) 231 if.; lack Beatson, 'The Incorporation of the EC Directive on Unfair Consumer Contracts into English Law', (1998) 6 ZEuP 957 ff. Moreover, the Principles of European Contract Law contain a general provision according to which 'in exercising his rights and performing his duties each party must act in accordance with good faith and fair dealing' (art. 1:201). Their draftsmen appear to regard it as belonging to the common core of European contract law. For a comparative analysis, see Hein Kotz, Towards a European Civil Code: The Duly of Good Faith', in Peter Cane and Jane Stapleton (eds.), The Law of Obligations: Essays in Honour of John Fleming (1998), 243 ff.; a very different assessment of the impact of a general good faith provision is offered by Gunther Teubner, 'Legal Irritants: Good Faith in British Law or How Unifying Law Ends up in New Divergences' (1998) 61 Modern Law Review 11 ff.

On good faith in Scots law, see now the contributions in A. D. M. Forte (ed.), Good Faith in Contract and Property (1999). picture.^{^[533]} ^{^[534]} Of the thirty cases, eleven led to the same result in all the jurisdictions covered; nine led to the same result in all the legal systems but one or two (cases of 'general but imperfect harmony'); and ten led to a significant disharmony of result. Interestingly, it was only in one of the nine 'general but imperfect harmony' cases that English law deviated from the civilian system; this was a case involving duties of disclosure in contractual negotiations.^{^[535]}’ Equally interestingly, in the ten 'divergence' cases the differences between the legal systems as to the appropriate result cut across the civil law/common law divide. The differences among at least some of the civilian systems, in other words, were usually as great as those between English and French law, or German law, or any of the other civilian jurisdictions.

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Source: Zimmermann R.. Roman law, Contemporary law, European law. Oxford University Press,2004. — 113 p.. 2004

Differences in Result

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