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Articles for the keyword(s) "Limitations on choice"

"Good Faith in Conflict(s): The International Commercial Contract Dimension"

Elsabe Schoeman, 2005

This article addresses the concept of good faith in respect of international commercial contracts. Specific reference is made to good faith as a possible restriction on party autonomy and the role of mandatory statutes. The author also highlights problems relating to proof of foreign law where a (foreign) concept of good faith is in issue and how this impacts on litigation strategy.