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dc.contributor.authorArunachalam, Aarti
dc.date.accessioned2014-03-05T16:03:30Z
dc.date.available2014-03-05T16:03:30Z
dc.date.issued2002-08
dc.identifier.otherarunachalam_aarti_200208_llm
dc.identifier.urihttp://purl.galileo.usg.edu/uga_etd/arunachalam_aarti_200208_llm
dc.identifier.urihttp://hdl.handle.net/10724/29480
dc.description.abstractGood faith is one concept that defies a clear definition and courts have struggled to understand and establish its scope and ambit. This paper just seeks to analyze the scope of the duty of good faith as understood at the stage when actually no contract has been formed. Despite considerable support for the existence of a duty of good faith, courts in US have not been very receptive in recognizing the duty of good faith especially in the precontractual stage, especially when parties enter into preliminary agreement. Courts have relied on the a number of factors to determine the enforceability of such preliminary agreement. However it has been argued in this paper that Courts should do away with this fact specific inquiry and adopt a bright line rule. This would help promote uniformity and predictability in judicial decisions and also clarify the scope of duty of good faith.
dc.languageAn analysis of the duty to negotiate in good faith : precontractual liability & preliminary agreement
dc.publisheruga
dc.rightspublic
dc.subjectGood Faith
dc.subjectPrecontractual Stage
dc.subjectPreliminary Agreements
dc.subjectIntent To Be Bound
dc.subjectPredictability
dc.subjectand Bright Line Rule
dc.titleAn analysis of the duty to negotiate in good faith : precontractual liability & preliminary agreement
dc.typeThesis
dc.description.degreeLLM
dc.description.departmentSchool of Law
dc.description.majorLaw
dc.description.advisorJames Smith
dc.description.committeeJames Smith
dc.description.committeeDan T. Coenen
dc.description.committeeGaberial Wilner


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