Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £9.99
Words: | Submitted: Mon Jun 19 2006
... the parties 'legitimate expectations' and intentions.3 Implementing a working version is, therefore, clearly a huge challenge. This could allow resignation to the existing 'piecemeal solutions'. However, upon closer examination, these devices appear of almost 'Byzantine sophistication'4, failing to capture the true 'spirit of the deal.'5 Often, not only do they engender results lacking in 'transparency'6, arrived at through distorted judicial reasoning, but sometimes even are 'unable to do justice at all.'7 It is the contention of this paper that notwithstanding the difficulty of producing an effective form of good faith, it is preferable to the existing solutions. Initially I will outline several instances where 'demonstrated problems of unfairness' have arisen, assessing how well the 'piecemeal solutions' have dealt with them. 'Piecemeal solutions' are taken to mean various strategies employed within the common law rather than under statute. While examining each in turn, I will attempt to judge how a general ...
FREE access exchanged for your work, or pay £9.99