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Record W2980150858

The Good Faith Challenge

2019· article· en· W2980150858 on OpenAlexaffabout
John Enman-Beech

Bibliographic record

VenueSSRN Electronic Journal · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsFaithLawFair dealingNothingRhetoricCommonwealthPolitical scienceForm of the GoodCaveat emptorSociologyLaw and economicsGood faithEpistemologyPhilosophyTheology
DOInot available

Abstract

fetched live from OpenAlex

Does contract law respect hard-nosed rational businessmen, or does it enable cut-throats who will lie and cheat whenever they can? Does it promote ethical and socially responsible commercial citizenship, or does it infantilize contractors by protecting them from themselves? All this rhetoric is brought to bear in debates over the place of good faith in contract law. This article wades through some of the rhetoric to clarify the stakes of the good faith challenge. The challenge has been met with three strategies: avoidance (“there is no principle of good faith”); containment (“good faith is just respecting the parties’ agreement, nothing to worry about”); and embrace (“the common law should transform into a good faith regime”). I investigate the three strategies and evaluate their chances for success in Canada—with the odd feint at other Commonwealth jurisdictions. The responses to good faith say more about the common law of contract than good faith itself.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.013
metaresearch head score (Gemma)0.027
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.058
Threshold uncertainty score0.116

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0130.027
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0120.052
Scholarly communication0.0120.007
Open science0.0010.006
Research integrity0.0080.011
Insufficient payload (model declined to judge)0.0050.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.009
GPT teacher head0.278
Teacher spread0.268 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2019
Admission routes2
Has abstractyes

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