The purpose of this chapter is to provide an introduction to the ‘law of obligations’ that forms one of the essential themes of this book. As Lord Steyn observed in Banque Financiere, de la Cité v. Parc (Battersea) Ltd  1 AC 221, unjust enrichment ranks next to contract and tort as part of the law of obligations. It is an independent source of rights and obligations. Its interrelationship and application are demonstrated by J Jarvis & Sons Ltd v. Castle Wharf Developments Ltd and ors  EWCA 19. For completeness, an analysis of the evolving area of good faith is included. Put shortly, should the law of obligations be underpinned by an overriding principle of good faith? The adoption of such a concept was proposed for all construction contracts by the Latham Report, and subsequently incorporated in some standard forms. See, for example, clause 10.1 of the NEC3, ICC clause 6.1 and JCT 11.
Swipe to navigate through the chapters of this book
Please log in to get access to this content
To get access to this content you need the following product:
- Outline of the Law of Obligations
- Macmillan Education UK
- Sequence number
- Chapter number