Good Faith (good + faith)

Distribution by Scientific Domains


Selected Abstracts


Insurers, Claims and the Boundaries of Good Faith

THE MODERN LAW REVIEW, Issue 1 2005
John Lowry
This article examines the refusal of the English courts to award damages for consequential losses following unreasonable delay on the part of insurers in settling a claim. This has the potential to give rise to dire consequences for insureds. These difficulties have been addressed in North American jurisdictions where the concept of good faith has been developed and applied as a means of both compensating insureds and regulating the conduct of insurers. However, a hallmark of English law is that it fails to draw a bright line between the law of contract and the law of contracts. As a result, the policy issues that should inform insurance contracts are excluded by virtue of the notion, imported from the law of contract, that the contractual relationship is a matter of private law and is not, therefore, a means for public regulation of insurers. [source]


The ,fresh start' for individual debtors: social, moral and practical issues,

INTERNATIONAL INSOLVENCY REVIEW, Issue 1 2008
Jan C. van Apeldoorn
The concept of a "fresh start" for individual debtors has been introduced in the Netherlands in 1998. Until then a natural person could be pursued for the debts he could not pay indefinitely. Their position was not different from the unfortunate debtors in many European countries to day. The entrance to the "fresh start- procedure" in the Netherlands is surrounded by impediments, the access is linked to the debtor in good faith, but after three years the fresh start comprises all debts (except student loans), none excluded. In the United States the fresh start doctrine is long established law, the entrance is easy, but many debts may be excluded. Because of public dissatisfaction in both countries the concept has changed. In the Netherlands many debts may now be excluded from the fresh start and in the United States a means test has been introduced. The two concepts of a fresh start for the natural person in both countries, originally so differnt in approach, now converged. Will the twain meet? Copyright 2008 John Wiley & Sons, Ltd. [source]


Transnational Governance in Global Finance: The Principles for Stable Capital Flows and Fair Debt Restructuring in Emerging Markets1

INTERNATIONAL STUDIES PERSPECTIVES, Issue 3 2010
Raymond Ritter
This paper analyzes and assesses the "Principles for Stable Capital Flows and Fair Debt Restructuring in Emerging Markets," which have emerged as an important instrument for crisis prevention and crisis resolution in the international financial system. The paper argues that, notwithstanding their low profile, the Principles which were jointly agreed between key sovereign debtors and their private creditors in 2004 have proved to be a useful instrument in spite of their voluntary and non-binding nature. Indeed, an increasing number of sovereign debtors and private creditors have adopted the Principles' recommendations on transparency and the timely flow of information, close dialogue, "good faith" actions, and fair treatment. The paper, taking a rational choice perspective, appraises the Principles as the product of a transnational public-private partnership as well as a soft mode of governance. Moreover, it shows how the Principles have moved somewhat along the continuum of soft law and hard law toward the latter. Finally, the paper makes the case that the Principles and their design features can provide some lessons for the current international policy debate on codes of conduct in global financial regulation. [source]


Should Australia introduce a vaccine injury compensation scheme?

JOURNAL OF PAEDIATRICS AND CHILD HEALTH, Issue 5-6 2004
D Isaacs
Abstract: At least a dozen countries or states in the world have introduced vaccine injury compensation schemes. This paper argues that the Australian Government should introduce such a scheme, which may reduce litigation, and may improve consumer and provider confidence. The most important justification, however, is an ethical argument from justice and equity: introduction of a vaccine injury compensation scheme acknowledges the unique situation that routine childhood immunization is a public health measure, given and accepted in good faith, that may occasionally damage the recipient. [source]


New types of cooperation between museums and countries of origin

MUSEUM INTERNATIONAL, Issue 1-2 2009
Paolo Giorgio Ferri
This article examines the changes in sensibility and in international opinion on the subject of the illicit circulation of cultural goods. The emergence of a new, modified international public policy means alterations in normative and jurisprudential inputs, at least in terms of good faith and proof of diligence, bolstered by the contingencies of each specific case and by collective social sentiment. Harmony and balance are achieved by the assimilation of different legal systems and by honouring the overriding requirements of the country of origin. As a result it is now possible to envisage a final, unified result, namely, the creation of an integrated system of legislation. [source]


On Compromise and Coercion,

RATIO JURIS, Issue 4 2006
RAPHAEL COHEN-ALMAGOR
When compromise takes place between two or more parties, reciprocity must be present; that is, the concessions are mutual. A relevant distinction is between principled and tactical compromise. A principled compromise refers to a mutual recognition by each side of the other's rights, which leads them to make concessions to enable them to meet on a middle ground. It is genuinely made in good faith and both sides reconcile themselves to the results. On the other hand, the notion of tactical compromise reflects a temporary arrangement reached as a result of constraints related to time. Here, in fact, agents do not give up any of their aims. They do not act in good faith and do not intend to meet their counterpart on a middle ground. Instead, they simply realize that the end could not be achieved at a given point of time, and they aim to reach it stage by stage. The essential component of compromise, namely, mutuality, is lacking. Next, the paper draws a further distinction between internalized coercion and designated coercion. Internalized coercion relates to the system of manipulation to which members of a certain sub-culture are subjected, which prevents them from realizing that they are being coerced to follow a certain conception that denies them basic rights. Designated coercion is individualistic in nature, aimed at a certain individual who rebels against the discriminatory norm. Unlike the internalized coercion it is not concerned with machinery aiming to convince the entire cultural group of an irrefutable truth; instead it is designed to exert pressure on uncertain, "confused" individuals so as to bring them back to their community. Ever since I assumed my present office my main purpose has been to work for the pacification of Europe, for the removal of those suspicions and those animosities which have so long poisoned the air. The path which leads to appeasement is long and bristles with obstacles. The question of Czechoslovakia is the latest and perhaps the most dangerous. Now that we have got past it, I feel that it may be possible to make further progress along the road to sanity. (Neville Chamberlain, "Peace in Our Time", October 3, 1938)** [source]


Reconstructing Insurance Law: The Law Commissions' Consultation Paper

THE MODERN LAW REVIEW, Issue 1 2008
Rob Merkin
In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law , Non-disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commissions' provisional proposals for the reform of insurance contract law with particular reference to the key areas of utmost good faith, warranties and agency. This article analyses, from a critical standpoint, the LCCP's principal conclusions and recommendations. It begins by noting, as a means of demonstrating that the current reform process should be informed by modern industry practices, that the ways in which modern insurance contracts are concluded differ significantly from those when insurance law was last reviewed by the Law Commission in 1980. The article then discusses the dichotomy between consumer and business insurance given that this distinction underpins the LCCP and its approach towards reforming the pre-contractual duty of good faith. By way of backdrop to the analysis, we consider the approach taken towards reforming the law governing intermediaries acting for prospective assureds during the disclosure process. Finally, the proposed rules for warranties and similar terms are examined. It is argued that the proposal to retain continuing warranties in business insurance contracts will, if implemented, represent a missed opportunity to rid insurance contracts of terms long criticised as draconian and disproportionate in their effect. [source]


Insurers, Claims and the Boundaries of Good Faith

THE MODERN LAW REVIEW, Issue 1 2005
John Lowry
This article examines the refusal of the English courts to award damages for consequential losses following unreasonable delay on the part of insurers in settling a claim. This has the potential to give rise to dire consequences for insureds. These difficulties have been addressed in North American jurisdictions where the concept of good faith has been developed and applied as a means of both compensating insureds and regulating the conduct of insurers. However, a hallmark of English law is that it fails to draw a bright line between the law of contract and the law of contracts. As a result, the policy issues that should inform insurance contracts are excluded by virtue of the notion, imported from the law of contract, that the contractual relationship is a matter of private law and is not, therefore, a means for public regulation of insurers. [source]


Carers' narratives: Finding dementia with Lewy bodies experiences

AUSTRALASIAN JOURNAL ON AGEING, Issue 4 2009
Kathryn A Nicholson
Carers' narratives provide a unique insight into the caring experience. From a human interest perspective they have appeal to the general population; however, they also target and are read by niche audiences , families striving to understand the challenges of the caring role. This article examines four carer narratives and their relevance to particular niche audiences; three classified from the information provided on their book covers as pertaining to Alzheimer's disease and one to Parkinson's disease. It explores the impact of care on the caregivers and reviews the promoted diagnoses in light of the current understanding of dementia with Lewy bodies. The author argues that the information provided in the titles, in good faith, may not reflect the content of the narratives and that three of these narratives may provide carers of people who have dementia with Lewy bodies with insights into the challenges that this disease presents. [source]


Continuing education self-assessment quiz: Current concepts of the management of dental extractions for patients taking warfarin

AUSTRALIAN DENTAL JOURNAL, Issue 2 2003
Article first published online: 12 MAR 200
In the review article by Carter, Goss, Lloyd and Tocchetti on page 89 in this issue a number of interesting questions are raised on current concepts of the management of dental extractions for patients taking warfarin. Test you knowledge here by first reading the article entitled: Current concepts of the management of dental extractions for patients taking warfarin, answer the following questions and then forward the completed questionnarie to the Australian Dental Journal Office and we will let you know how you scored. Please note that the answers have been provided in good faith and to the best of our knowledge are correct. The Editor's decision is final and no correspondence will be entered into. [source]


Continuing education self-assessment quiz: New standards for permanent tooth emergence in Australian children

AUSTRALIAN DENTAL JOURNAL, Issue 1 2003
Article first published online: 12 MAR 200
In the scientific article by Diamanti and Townsend on page 39 in this issue a number of interesting issues are raised regarding tooth emergence in Australian children. Test you knowledge here by first reading the article entitled: New standards for permanent tooth emergence in Australian children, answer the following questions by indicating what you believe is the one best answer for each of the six questions and then forward the completed questionnaire to the Australian Dental Journal Office and we will let you know how you scored. Please note that the answers have been provided in good faith and to the best of our knowledge are correct. The Editor's decision is final and no correspondence will be entered into. [source]