MétaCan
Menu
Back to cohort
Record W3115069690

Good faith in contractual performance

2016· article· en· W3115069690 on OpenAlexaboutno aff
Susan Kiefel

Bibliographic record

VenueJudicial Review: Selected Conference Papers: Journal of the Judicial Commission of New South Wales, The · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsFair dealingDoctrineLawDutyFaithPolitical scienceEstoppelCommon lawGood faithBad faithUniform Commercial CodeLaw and economicsSociologyPhilosophyTheology
DOInot available

Abstract

fetched live from OpenAlex

Good faith has its roots in Roman law and is part of European legal culture. English law allowed recourse to notions of good faith and commercial expectations, however 19th and early 20th century English law regarded the commercial need for certainty in contract law as a reason for rejecting requirements of good faith in performance. The fears most commonly expressed about the adoption of a doctrine of good faith are that it is inconsistent with the principle of freedom of contract and will create uncertainty in the law and for commercial dealings because its content is vague and subjective, and would permit ad hoc judicial moralism. The United States and Canada regard good faith as important to the law of contract; Australia, New Zealand, Hong Kong and the UK have not adopted an overarching principle of good faith in performance of contractual rights and duties, although this paper argues that aspects of good faith may be present in the doctrines and remedies provided by the common law and by equity. The question arises whether a broad doctrine of good faith is necessary. So long as the courts approach contracts by reference to reasonable expectations of the parties and the many doctrines which have been developed, and the process of construction that has been used by the courts to regulate contractual performance may fill the gap created by there being no general duty of good faith.

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 distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.003
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.885
Threshold uncertainty score0.480

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.003
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0000.001
Science and technology studies0.0010.001
Scholarly communication0.0000.000
Open science0.0020.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

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 head0.036
GPT teacher head0.297
Teacher spread0.261 · 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 teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
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

Citations1
Published2016
Admission routes1
Has abstractyes

Explore more

Same venueJudicial Review: Selected Conference Papers: Journal of the Judicial Commission of New South Wales, TheSame topicLegal principles and applicationsFrench-language works237,207