By R.B. Dingle

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I will refer to the cases as urban development projects. This is meant to be a neutral term that states nothing more than that land development in the sense of the preceding section takes place within a city. The reason for choosing a neutral term is that the main focus of this thesis is on development agreements that are used in urban development projects and not on the projects themselves. The aim, in other words, is not to contribute to the discussion on the nature of projects or the theoretical differences between various projects.

Eisenberg’s positivist thesis is that Anglo-American law has indeed undergone this development. In civil law countries, substantive shift was mainly achieved by using the good faith principle (Zimmermann & Whittaker, 2000). In common law countries, other principles, such as promissory estoppel, unconscionability, and (notions of fairness in) implied terms, specific performance and injunction, were used to achieve the same results (Chitty, 2004). Gjerdingen (1993) speaks in this respect of the end of classical common law culture.

In the end, good faith is a general standard of fairness. In comparative law the term general or objective good faith has been used (cf. Hesselink, 1999; Brownsword, 1996) to distinguish the civil-law principle from its common law counterparts. While the term ‘good faith’ is often used in common law contracts, it does not have an independent meaning. A ‘good faith’ standard is a standard of honesty that can be used to interpret other duties. There is no such thing as an objective principle of good faith, or a general standard of fairness in common law systems (Summers, 2000; Chitty, 2004).

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