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1 results

  • 7 - Good Faith and Unfair Terms

  • Ilias Bantekas, Hamad bin Khalifa University (Qatar Foundation), Ahmed Al-Ahmed, Qatar Petroleum
  • Book:
    Contract Law of Qatar
    Published online:
    15 June 2023
    Print publication:
    29 June 2023, pp 98-110
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  • Summary

    In other chapters, we examined how party autonomy shapes the parties’ contractual relations. Indeed, party autonomy is the cornerstone of the law of contracts and in general terms, the law intervenes in this process only sparingly with mandatory rules. In this chapter, we examine those circumstances where the civil law (both the CC and special laws) not only intervenes but invalidates the parties’ express consent on the ground that their agreement lacked good faith or imposed unfair terms on the weaker party. The imposition of good faith is equally justified by reference to public policy even if not expressly spelt out. This ‘parental’ regulation of contracts is not without contention and as the reader will come to realize, the contours of the application of good faith differ among jurisdictions, although our emphasis here is on the Qatari experience.