Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective...

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Peng Guo

Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective

Peng Guo

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English

Springer Verlag, Singapore
11 November 2022

This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. 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 therelational 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.

By: Peng Guo
Imprint: Springer Verlag, Singapore
Country of Publication: Singapore
Edition: 2022 ed.
Dimensions: Height: 235mm, Width: 155mm,
Weight: 320g
ISBN: 9789811655159
ISBN 10: 9811655154
Pages: 184
Publication Date: 11 November 2022
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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.