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Sales Of Goods Issues: Introduction, Howard Hunter
Sales Of Goods Issues: Introduction, Howard Hunter
Research Collection Yong Pung How School Of Law
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The Duty Of Good Faith And The Security Of Performance, Howard Hunter
The Duty Of Good Faith And The Security Of Performance, Howard Hunter
Research Collection Yong Pung How School Of Law
John Carter's paper provides a good discussion of many fundamental problems associated with the satisfactory enforcement of contractual obligations. In reviewing the various subtopics of the conference, he posits a scale of 'security' for performance that runs from simple reliance on the promisor's word to that of the chattel or real property mortgage with maximum rights of self-help in the promisee. In this commentary on his paper, I will argue that the greatest security for any promisee remains the word of the promisor and that this is so for reasons beyond those of honour. First, the duty of good faith …