Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
What Can U.S. Legislators Learn from the European View of Good Faith?
The concept of “good faith” exists in most civil law jurisdictions but is frequently interpreted in different ways. Common law jurisdictions, such as the United States, however, generally have an uneasy relationship with the concept of a duty of good faith, as is illustrated by the case law and proposed legislation considered in the previous articles in this series, published in the January, February and March 2014 editions of this newsletter.
The General Common Law Approach
The traditional common law view of the concept of a duty of good faith between contracting parties was best summed up by the English Judge, Bingham, LJ, who commented (Interfoto Picture Library Ltd v. Stiletto Visual Programmes Ltd (1988) 1 All ER 384 at 352 (CA)):
[I]n many civil law systems, and perhaps in most legal systems outside of the common law world, the law of obligations recogni[z]es and enforces an overriding principle that in making and carrying out contracts parties should act in good faith. This does not simply mean that they should not deceive each other, a principle which any legal system must recognise; its effect is perhaps most aptly conveyed by such metaphorical colloquialisms as “playing fair,” “coming clean” or 'putting one's cards face down on the table.” It is in essence a principle of fair and open dealing.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.