The Study of Proteome

The Study of Proteome The breakthrough in the study of genomics has created a great impact for biological research. For instance, the complete genome sequencing accomplished for various model organisms such as bacteria, yeast and drosophila has been a key to understanding the diversity and functions in living system (Liebler, 2002). However, the gene products, proteins are playing crucial complex functions in sustaining the living system. Therefore, in order to acquire a clearer picture about the function of the living cells at molecular level, it is important to study the entire set of protein expressed by a genome, cell, tissue or organism throughout the cell cycle as known as proteome (Monti et al., 2005). This study of proteome is termed proteomics which is mainly focus on the identification of proteins, determination of the interaction between various proteins as a part of a larger network and outlining the 3D structures of proteins (Liu Hsu, 2004). According to Liebler (2002), the applications of proteomics comprised of mining, protein-expression profiling, protein-network mapping and mapping of protein modifications. These four principals then bring about the branches of proteomics which are the sequence and structural proteomics, expression proteomics, interaction proteomics as well as functional proteomics. i. Sequence and structural proteomics Structural proteomics is generally aimed at efficiently convert the gene sequence into 3D structural information which will then being used to facilitate the prediction of protein folding and functions afterward (Yee et al., 2002). 3D structure prediction and determination of proteins on a genome-wide scale are managed to provide substantial information in understanding the structure-function relationships of the particular proteins (Liu Hsu, 2004). The approaches commonly employed for this area of study are NMR (nuclear magnetic resonance) spectroscopy and X-ray crystallography. In a study done by Yee et al. (2002), structural proteomics of small proteins based on data of 513 proteins from five microorganisms is done by using NMR spectroscopy. Small proteins are more acquiescent for structure analysis primarily due to its solubility as protein aggregation appeared to be a limitation for structural proteomics (Yee et al., 2002). NMR evaluation of proteins is performed after ran through a series of cloning, expression and purification processes. The chosen targets for NMR screening by Yee et al. (2002) were single chain polypeptides with not more than 23 kDa molecular mass. PCR was involved to amplify the targets from genomic DNA. Subsequent cloning of the target proteins into vectors was then carried out. Batch Ni2+ affinity chromatography was done for the extraction of cells (Yee et al., 2002). Varian INOVA 500- or 600-MHz spectrometer was used to attain all the 1H-15N heteronuclear single quantum coherence (HSQC) spectra and the NMRPIPE software package was utilized to processed the data (Yee et al., 2002). The HSQC spectrum is to provide a diagnostic fingerprint of a protein. Twelve of the proteins were considered to be suitable for structure determination and have their 3D structures successfully analysed which were conserved without functional annotation (Yee et al., 2002). Among them, eight out of twelve were the members of uncharacterized cluster of orthologous groups (COG) or protein superfamilies. In order to know whether a 3D structure can be predicted, the sequences were submitted to SwissModeler to be analysed based on sequence similarity. ii. Expression proteomics Human Protein Atlas (HPA) launched by Swedish researchers in 2003 is a comprehensive effort in mapping the proteins expressed in the body’s tissue and cells according to the genes documented by Human Genome Project (Marx, 2014). HPA principally looked at the spatial distribution and protein-expression patterns of human proteins as well as comparing the protein expression between cancerous and normal tissues. The expression proteomics is a focus for proteome study which targets on measurement of the up- and down-regulation of protein levels as well to explore the protein expression patterns in abnormal cells for biomedical application (Monti et al., 2005). Approaches like mass spectrometry, 2D-gel electrophoresis and protein arrays are used in expression proteomics. Mazzanti et al. (2006) as done an investigation upon the differential expression proteomics of human colon cancer to look at the operative pathway of early stages of human colon cancer and to compare with normal colon tissue. In this case, they were using 2D-gel electrophoresis to observe the differences in protein expression at various differentiation levels. After the tissues were properly collected and homogenized, Western Blot analysis was carried out to evaluate the expression levels of the proteins and followed by 2D-GE. The differences in intensity of each spot and the normalized spot volume were calculated and statistically analysed. Matrix-assisted laser desorption ionization-time-of-flight mass spectroscopy analysis of tryptic peptides was performed to detect the differentially expressed samples processed by 2D-GE (Mazzanti et al., 2006). Lastly, a search through NCBI non-redundant databases and SWISSPROT was completed to identify the proteins. As a result, several proteins were found differentially expressed in colon cancer and normal tissue. Mazzanti et al. (2006) have obtained 11 and 15 proteins from healthy and cancerous tissues which were categorized according to the pathway they involved respectively. In addition, they also claimed that cancer tissues preferably utilize glycolysis due to selective repression of ÃŽ ²-subunit ATPase expression and limited substrate availability to mitochondria (Mazzanti et al., 2006). iii. Interaction proteomics Interaction proteomics emphasis on the elucidation of protein-protein interaction to which the multitude functions of proteins in association with individual components of proteome and the formation of multimeric complexes (Và ¶lkel et al., 2010). Frequently utilized approaches for interaction proteomics are like mass spectrometry (MS), affinity captured combined with mass spectrometry and yeast 2-hybrid techniques. Và ¶lkel et al. (2010) mentioned that characterize protein complexes from bacteria, yeast, mammalian cells and some multicellular organisms can be done by using tandem affinity purification-mass spectrometry (TAP-MS). TAP is functioned based on the dual purification of protein assemblies by sequential utilization of two affinity tags spaced by a TEV (tobacco etch virus) protease cleavage site (Và ¶lkel et al., 2010). TEV is a sequence-specific protease that cleaves a recognition site of seven-amino-acid (Glu-X-X-Tyr-X-Gln/Ser) which is rarely found in mammalian proteins (Berggà ¥rd et al., 2007; Và ¶lkel et al., 2010). This epitope-tagging purification strategy further improves the sample purification prior to protein identification by MS. In the first purification step, the TAP-tag protein is bound to specific column like immobilized Ig (Berggà ¥rd et al., 2007; Và ¶lkel et al., 2010). Retrieval of TAP-tag protein is done by adding TEV-proteinase. The protein complex is then immobilized by CBP (calmodium-binding peptide) of TAP tag to a second column, the calmodulin-coated beads in the second affinity step. This calcium-dependent CBP-calmodium interaction enables the elution of final protein complex for MS protein identification by means of calcium chelation (Và ¶lkel et al., 2010). The TAP purification of protein complex is independent of the availability of specific antibodies. It is used to accomplish large-scale protein interaction mapping of lower organisms and decode the smaller interactomes and signalling pathway in mammals (Và ¶lkel et al., 2010). However, this technique may not be able to identify low stoichiometric complexes, transient interactions or under-represented interactions occurred specifically in some physiological states of cells growing exponentially (Và ¶lkel et al., 2010). iv. Functional proteomics The objectives of functional proteomics are to characterize the biological function of unknown proteins, multiprotein complexes and descript the cellular mechanisms as well as signalling pathway at molecular level (Monti et al., 2005). Henning and Ilag (2003) stated that the protein functions assessment could be done based on the individual cell types and interaction of protein partners. Functional proteomics implement the concept that functional inactivation within the physiological environment of a targeted protein can be used to determine its function (Henning Ilag, 2003). Tools that are typically employed in functional proteomics include 2D-gel electrophoresis, MS, MALDI-TOF (matrix-assisted laser desorption ionization-time of flight) MS and affinity-based procedure. The affinity-based procedure is worked on the idea that a suitable tag of the expressed target protein can be used as a bait to fish out its partners from a cellular extract (Monti et al., 2005). Brookes et al. (2002) utilized a high-throughput two-dimensional blue-native electrophoresis in the study of functional proteomics for mitochondria and signalling pathway. As mitochondrial membrane proteins exhibit hydrophobic properties, precipitation is occurred in standard 2D gels during the first dimension isoelectric focusing. Thus, the 2D blue-native gel electrophoresis is used resolve this problem. The first dimension of 2D blue native gel electrophoresis involved the solubilization the membrane protein complexes into its native form. This is followed by the second dimension utilizing the sodium dodecyl sulphate polyacrylamide gel electrophoresis (SDS-page) with its gel staining performed by employing a mixture of Coomassie blue G-250 and R-250. SDS-page is worked on denaturing the protein complexes and enables them to resolve into their component subunits (Brookes et al., 2002). A partial mitochondrial proteome map was then assembled by using MALDI-TOF MS coupled with tryptic peptide fingerprinting. This 2D blue native gel electrophoresis is found suitable for proteomic analysis of mitochondria proteins in which it could separate large amount of mitochondria proteins and large proportion of respiratory chain complexes as presented as the spots on the gel can be readily identified according to their position (Brookes et al., 2002). The functional associations between different respiratory complexes in mitochondria like cytochrome C, respiratory complexes III and IV can be interpreted from the gels. From this study, Brookes et al. (2002) suggested that the respiratory complexes are able to assemble into sub-complexes with limited functionality regardless of the presence of mtDNA encoded subunits.

Li&Fung Case

Li & Fung Established in 1906, Hong Kong–based Li & Fung is now one of the largest multinational trad-ing companies in the developing world, with annual sales of more than $7 billion in 2005, up from just $1. 2 billion in 2000. The company, which is still run by the grandsons of the founder, Victor and William Fung, does not see itself as a traditional trading enterprise. Rather, it sees itself as an expert in supply chain management for its 500 or so customers. These customers are a diverse group and include clothing retailers and consumer electronics companies.Li & Fung takes orders from customers and then sifts through its network of 7,500 independent suppliers located in 40 countries to find the right manufacturing enterprises to produce the product for customers at the most attractive combination of cost and quality. Attaining this goal frequently requires Li & Fung to break up the value chain and disperse different productive activities to manufacturers located in differ ent countries depending on an assessment of factors such as labor costs, trade barriers, transportation costs, and so on.Li & Fung then coordinates the whole process, managing the logistics and arranging for the shipment of the finished product to the customer. Typical of its customers is The Limited, Inc. , a large U. S. -based chain of retail clothing stores. The Limited outsources much of its manufacturing and logistics functions to Li & Fung. The process starts when The Limited comes to Li & Fung with designer sketches of clothes for the next fashion season.Li & Fung takes the basic product concepts and researches the market to find the right kind of yarn, dye, buttons, and so on; it then assembles these into prototypes that The Limited can inspect. Once The Limited has settled on a prototype, it will give Li & Fung an order and ask for delivery within five weeks. The short time between an order and requested delivery is necessitated by the rapid rate of product obsolescence in the fashion clothing industry. With order in hand, Li & Fung distributes the various aspects of the overall manufacturing process to different producers depending on their capabilities and costs.For example, Li & Fung might decide to purchase yarn from a Korean company but have it woven and dyed in Taiwan. So Li & Fung will arrange for the yarn to be picked up from Korea and shipped to Taiwan. The Japanese might have the best zip-pers and buttons, but they manufacture them mostly in China. So Li & Fung will go to YKK, a big Japanese zipper manufacturer, and order the right zip-pers from its Chinese plants. Then Li & Fung might decide that due to con-straints imposed by export quotas and labor costs, the best place to make the final garments might be in Thailand.So everything will be shipped to Thailand. In addition, because The Limited, like many retail customers, needs quick delivery, Li & Fung might divide the order across five factories in Thailand. Five weeks after the order has been received, the garments will arrive on the shelves of The Limited, all looking like they came from one factory, with colors perfectly matched. The result is a product that may have a label that says â€Å"Made in Thailand,† but it is a global product.To better serve the needs of its customers, Li & Fung is divided into numer-ous small, customer-focused divisions. There is a theme store division that serves a handful of customers such as Warner Brothers; there is a division for The Limited, and another for Gymboree, a U. S. -based children’s clothing store. Walk into one of these divisions, such as the one for Gymboree, and you will see that every one of the 40 or so people there is focused solely on meeting Gymboree’s needs. On every desk is a computer with a direct software link to Gymboree.The staff is organized into specialized teams in areas such as design, technical support, merchandising, raw material pur-chasing, quality assurance, and shipping. Thes e teams also have direct elec-tronic links to dedicated staff in Li & Fung’s branch offices in various countries where Gymboree buys in volume, such as China, Indonesia, and the Philippines. Thus, Li & Fung uses information systems to manage, coordinate, and control the globally dispersed design, production, and shipping process to ensure that the time between receipt of an order and delivery is minimized, as are overall costs.

Pride and Prejudice Essay

The novel Pride and Prejudice was written during the middle of the Romantic period in western literature, but it is itself rather uncharacteristic of other fictional works of the period. Unlike the great Romantic novels and poems of the period, which usually praised youthful passions, Austen’s work minimizes them. Austen’s works are models of restraint. Instead of the wild force of nature, Austen concentrates on family life in small English towns. Instead of rampant emotionalism Austen emphasizes a balance between reason and emotion. Instead of suicide and unrequited love, Austen offers elopement and marriage. â€Å"Austen’s prime theme of marriage is far from trivial† (Walder 1996, p. 52) as it is considered today as marriage was an important issue in Austen’s time and it was the only time when a woman had the freedom to get upward socio-economic mobility [though some critics thinks that she considers that considering money as the criterion for marriage is highly terrible. (Collins p. 161)] This extract explains this correlation between socio-economic status and marriage. Irony or the contrast between the expected and the actual is the chief literary device Austen uses to comment on the manners of English gentry in Pride and Prejudice. Her irony takes different forms for different. Another stylistic feature that one can observe in this extract in general and throughout novel in particular is her formal style. Perhaps the first thing about Jane Austen’s style that strikes the reader is its formality by modern standards. This is a characteristic of her time, and of the outlook she shared. The decorum of her prose represents a disciplined habit of mind and a disciplined attitude towards life. But the formality has about it nothing of the pomp us or verbose. On the contrary one of the chief qualities of her narrative style is precision, lucidity, and economy. With these is combined a habitual tone of irony. The irony is the cutting edge, as it was an instrument of moral perception which was Jane Austen’s sensibility. Mr. Collins speaks about his conception of a true marriage. He takes the conventional notions about marriage of true minds where partners have similar dispositions and ideas about life in general. Mr. Collins philosophy of marriage reminds Charlotte’s reminds Charlotte’s matrimonial ideology as she also consider the harmony of characters and minds as the ultimate source of matrimonial bliss and place no importance to money or fortune. She says in Chapter 6; â€Å"Happiness in marriage is entirely a matter of chance. If the dispositions of the parties are ever so well known to each other, or ever so similar before-hand, it does not advance their felicity in the least. They always contrive to grow sufficiently unlike afterwards to have their share of vexation; and it is better to know as little as possible of the defects of the person with whom you are to pass your life. † Mr. Collins also suffers from the same fictitious idealism like Charlotte. That’s the reason he says; â€Å"My dear Charlotte and I have but one mind and one way of thinking. There is in everything a most remarkable resemblance of character and ideas between us. We seem to have been designed for each other. † (Chapter XXXV) Furthermore, he longs for same matrimonial felicity for Elizabeth in her married life without knowing what is her ideals of marriage and what she wants to be come out of marriage. Jane Austin has beautifully employed irony as Mr. Collins wishes something for Elizabeth that she does not like. Furthermore, Jane Austin juxtaposes this conception of matrimonial bliss with his own conception of marriage and its preconditions that prevail throughout the novel. Jane Austin has Marxian conception of marriage and she considers wealth and socio-economic well-being as the foremost pre-condition of marriage. For the author, in the persona of Mr. Bennet’s daughter Elizabeth, however, irony’ is potent toy and a defensive weapon in the war against stupidity. The author uses Elizabeth to skewer self-important characters such as Mr. Collins and Mrs. Bennet. Yet Elizabeth is also blind to her own character faults, and her very blindness is another example of Austen’s use of irony. In her misunderstandings with Darcy, she (who is blind to her own pride in her ability to read character) accuses him false and excessive pride, while he (who is prejudiced against people with less money than he has) accuses her of prejudice. The rest of the episode shows the haughtiness and pomposity of Mr. Collins. Mr. Collins is a type of character that Jane Austin uses to highlight the posing and pretensions of English society of the time and the vain self-importance of an individual. His acquisition of fortune by chance to get an approval of Lady Catherine de Bourgh has made him to think of himself in higher terms and opinion. All his haughtiness and snobbery in the extract is a manifestation of this high opinion of his own self. His high opinion of Charlotte is also a product of this imagined high placement in society. He earns a handsome income and owns a house, so he requires a wife at this stage that can enrich his own fortune. Here Jane Austin elaborates the interrelation of marriage and money. If Mr. Collins would not have owned a house and would not have made a good fortune by chance, he would never think of having marriage. So he imagined conception of marriage as a bond between tow souls that are alike in their dispositions and character, seems only a caprice of imagination only. Establishing a correlation between marriage and social status is an important theme of Austen in this extract. Jane Austen also makes her reader see the correlation in the light of her contemporary social conventions. Earlier in the novel, when Elizabeth refuses the proposal of Mr Collins, he is unwilling to accept it. It was highly improbable that a woman of Elizabeth’ social status would reject the proposal of a well-off person. His self-importance is another factor that contributes toward his un-acceptance if her refusal. He disapprove of Elizabeth’s social status in these words that Elizabeth’s â€Å"portion is unhappily so small that it will in all likelihood undo the effects of [her] loveliness and amiable qualifications†. His social status reassures himself by saying that; â€Å"you are not serious in your rejection of me, I shall chuse to attribute it to your wish of increasing my love by suspense, according to the usual practice of elegant females. † There is a dichotomy of Elizabeth’s refusal to Mr. Collin and her manifestation as an ideal woman of Austen who thinks marriage in terms of money. Walder (1996) has rightly pointed out; â€Å"In a social world where only possibility of movement in a women’s life was through marriage, choice of partner was as serious a business as choice of career was for a man. † Seen in this light, Elizabeth’s refusal of Mr. Collins is as brave an act as that of a young man who refuses to enter the family firm. † (Walder, 52) Jane Austen used Elizabeth as her mouth-piece to ridicule the fictitious idealism of various characters throughout the novel. In this case, Elizabeth does not directly say any word about Mr. Collins viewpoints but only show her contempt by feeling sorry for â€Å"Poor Charlotte† but she revisits her thought about her and says that she is not innocent as she herself has decided to marry Collins and choose a pretentious society. Jane Austen reflects here that if someone is placed in this situation, then it is tragic but someone has consciously decided to go for a vain marriage proposal, he ore she should be fully responsible for it. So it was Charlotte own disposition rather than chance that her placed her in that situation. But when Elizabeth herself refuses the proposal of Mr. Collins, she was also caught in fictitious idealism. She is of the view that as her father is a gentleman; she is on equal terms with Darcy and Bingleys. (Brooke, 1999. p. 158) Jane Austen beautifully shows her fictitious idealism as well. Jane Elizabeth also shows, through the character of Maria, the vainglory of English gentry. Unlike Elizabeth, Maria is amazed and amused by the social decorum. She was still startled at the nine dinners at Rosings and several teas. This extract further another aspect of Jane Austen’s art i. e. handling of dialogue. She had a remarkable ear, and must have been a shrewd observer of mannerism in speech. The speech of her characters is always consonant with their personalities yet it never approaches caricature. In the extract, Mr. Collins dialogues are true reflection of his personality yet it does not portray him as a caricature. Maria’s dialogues are equally expressive of her self and her tender age. So this extract and other textual examples from Pride and Prejudice clearly manifest that Jane Austen has skillfully conveyed her basic theme of money and marriage through her subtle style. She does not waste her words and there is uncommon clarity with economy in her art. References Austen, Hane. (2006). Pride and Orejudice. New York: Poenguin Classic. Brooke, C. (1999). Jane Austen: Illusion and reality. Rochester, NY: D. S. Brewer. Walder, D. (1996). The realist novel. Approaching literature. London: Routledge.

Should Good Faith Have Any Place In English Contracts - Free Essay Example

Sample details Pages: 6 Words: 1888 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example?  ­Ãƒâ€šÃ‚ ­ Should Good Faith Have Any Place In English Contracts? This paper will discuss how good faith obligations might be understood into contracts, and also the issue of how express terms within a contract requiring good faith should be interpreted within a contract. I will be looking into a number of court cases; the European Council Directive and the Uniform Commercial Code to help me to do my best in answering should good faith have any place in English contracts? Currently there is no formal legal definition of good faith within a contractual context. The Oxford English Dictionary defines good faith as à ¢Ã¢â€š ¬Ã…“Honesty or sincerity of intention.à ¢Ã¢â€š ¬Ã‚  The courts have tried to define good faith, but to this date they have been very reluctant to do so. This is seen in the High Court of Justice Chancery Division, CPC Group Limited V Qatari Diar Real Estate Investment Company 2010. à ¢Ã¢â€š ¬Ã…“The court concluded tha t an obligation in a property joint venture to act in à ¢Ã¢â€š ¬Ã…“utmost good faithà ¢Ã¢â€š ¬Ã‚  did not require one party to subordinate its interests to those of the other party, but was likely to require it to: Avoid cynical resort to the black letter of the law; serve reasonable commercial standards of fair dealing; be faithful to the agreed purpose of the agreement; and act consistently with the justified expectations of the other party.à ¢Ã¢â€š ¬Ã‚  Also in Street v Derbyshire Unemployed Workersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Centre [2004] EWCA Civ 964 à ¢Ã¢â€š ¬Ã…“Shorn of context, the words à ¢Ã¢â€š ¬Ã…“in good faithà ¢Ã¢â€š ¬Ã‚  have a core meaning of honesty. Introduce context, and it calls for further elaboration..The term is to be found in many statutory and common-law contexts, and because they are necessarily conditioned by their context, it is dangerous to apply judicial attempts at definition in one context to that of anotherà ¢Ã¢â€š ¬Ã‚ . Only in ce rtain sectors has a concept parallel to good faith crept in.That is the Unfair Terms in Consumer Contracts Regulations 1999. These provide that a standard contract term, for example one which has not been individually negotiated, is to be regarded as unfair if à ¢Ã¢â€š ¬Ã…“contrary to the requirement of good faith, it causes a significant imbalance in the partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ rights and obligations arising under the contractà ¢Ã¢â€š ¬Ã‚  (Reg. 5(1))) and commercial agency arrangements (whereby an agent must look after the interests of the principal and act in good faith). Even with the introduction of the European Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, whichintroduces a notionof good faithin order to prevent significant imbalances in the rights and obligations of consumers on the one hand and sellers and suppliers on the other hand. With, CPC Group Limited V Qatari Diar Real Estate Investment Company 2010, Street v Derbyshire Unemployed Workersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Centre [2004] and the European Council have clearly reluctant to have a formal definition of good faith. But have said that Judges should use their own judgement within the context of the case. In a very recent case has brought the English Contract Law closer to other legal systems. The case is Yam Seng PTE Ltd v International Trade Corp Ltd (2013) EWHC 111 (QB). This case is related to a claim for breach of contract and misrepresentation brought by a distributor in Singapore against an English supplier of products bearing the logo of the famous English football team, Manchester United. The distribution agreement gave Yam Seng Pte Ltd the exclusive right to promote and sell these products throughout the Asia-Pacific region. However, at the time the agreement was entered into, International Trade Corp Ltd had not acquired all the rights it purported to license as part of case, it pleaded that there was an implied term in the Agreement that the par ties would deal with each other in good faith. The summery of the judgement is that, Mr Justice Leggett found that International Trade Corp Ltd was held to have both repudiated the agreement and procured it by misrepresentation. He also considered in great detail whether or not there was an implied term in the agreement that the parties would deal with each other in good faith. Although Mr Justice Leggett recognized a previous reluctance to imply a duty to act in good faith in English contract law, he found that the à ¢Ã¢â€š ¬Ã…“traditional English hostility towards a doctrine of good faith in the performance of contracts, to the extent that it still persists is misplacedà ¢Ã¢â€š ¬Ã‚ . Further he saw no difficulty in à ¢Ã¢â€š ¬Ã…“implying such a duty in any ordinary commercial contract based on the presumed intention of the partiesà ¢Ã¢â€š ¬Ã‚ . This case is important even though Mr Justice Leggett didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t think that English law is ready to recognise duty o f good faith, to be implied with contract law. But it could be implied as duty of good faith as a term of fact. Mr Justice Leggett actually implied there was a duty not to act dishonestly in the provision of information. There are a number of features of this case which make it of interest in regards to implied terms of good faith. Firstly there it is another example where an express à ¢Ã¢â€š ¬Ã…“good faithà ¢Ã¢â€š ¬Ã‚  clause was constructed narrowly and restricted to its precise scope. Secondly because there was already a à ¢Ã¢â€š ¬Ã…“good faithà ¢Ã¢â€š ¬Ã‚  clause covering some areas of the contract, there was no room to imply another. Thirdly even if there had been an implied obligation of good faith, it would not have applied to a straight forward contractual entitlement. There are plenty of good reasons why good faith should, should have a place in English Contact Law. Having good faith as part of contract law would be guided by ethical considerations such as p romise keeping. Also this would lower the risk of misrepresentation, which is a false statement of fact made by one party to another, which, whilst not a term of the contract, induces the other party to enter into the contract. Also if both parties are working with good faith, this would lead to them working better together. In my opinion this is a clearly part of the law which needs to be improved. This would make sure the overall judgement of the case is just and fair to all involved and that all judgements where good faith is involved will be uniform. Also by having a doctrine of good faith, will allow bad faith dealings to be dealt with in a clean and direct fashion. T If we a have a look over the pond to the United States of America, every contract or duty falling under which is imposed by many states, imposes à ¢Ã¢â€š ¬Ã…“an obligation of good faith in its performance or enforcement.à ¢Ã¢â€š ¬Ã‚  Good faith is defined by Uniform Commercial Code 1- 201(19): à ¢Ã¢â€š ¬Ã …“à ¢Ã¢â€š ¬Ã…“Good Faith means honesty in fact in the conduct or transaction concerned.à ¢Ã¢â€š ¬Ã‚  But the 1994 commentary on the UCC by the Permanent Editorial Board should be noted. The board stated that the good faith provision à ¢Ã¢â€š ¬Ã…“does not support an independent cause of action for failure to perform or enforce in good faith à ¢Ã¢â€š ¬Ã‚ ¦ [T]he doctrine of good faith merely directs a court towards interpreting contracts within the commercial context in which they are created, performed and enforced, and does not create a separate duty of fairness and reasonableness which can be independently breached. There are some negative reasons why we donà ¢Ã¢â€š ¬Ã¢â€ž ¢t need a doctrine of good faith, firstly it is said that good faith is a loose cannon. By this I mean the doctrine would set down some restrictions, but we are not sure how far these will go setting these moral standards and whose moral standards they are protecting. With this we will still be un clear on how to act in good faith. Secondly by having a doctrine of good faith will not recognise that all contracts are not alike. Mr Michael Bridge said, à ¢Ã¢â€š ¬Ã…“In my view, what s needed is an informed treatment of different areas of commercial contract law.à ¢Ã¢â€š ¬Ã‚  In conclusion I feel that there should be a doctrine of good faith. This is because the English contract law already does its best to regulate and combat bad faith, but not good faith. But if they also regulate good faith they will be able to address this more directly and openly. Also by not having a doctrine of good faith the Judges will not be able to come to a judgement within contract law justly. Also in this time of international trading, where a lot of the United Kingdomà ¢Ã¢â€š ¬Ã¢â€ž ¢s trading partners already have some sort of doctrine of good faith. For example The United Sates of America with the Uniform Commercial Code. Also article 7 of The United Nations Convention on Contracts for t he International Sale of Goods (CISG) sates à ¢Ã¢â€š ¬Ã…“InÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾theÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾interpretationÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾ofÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾thisÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾Convention,ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾regardÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾isÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾toÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾beÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾hadÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾toÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾itsÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾internationalÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾characterÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾andÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾toÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾theÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾need to promoteÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾uniformityÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾inÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾itsÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã ‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾applicationÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾andÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾theÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾observanceÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾ofÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾goodÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾faithÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾inÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾internatioalÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬Ã… ¾trade.à ¢Ã¢â€š ¬Ã‚  With this is mind I would recommend that a Statutory Framework to Act in Good faith (Contract) is set up. This framework would clearly define a formal legally recognised definition of good faith would be defined as à ¢Ã¢â€š ¬Ã…“The mental and moral state of honest, even if objectively unfounded, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct. One who acts in good faith, so far as the violation of positive law, or even, in certain junctures, of natural law, is con cerned, is said to labour under an invincible error, and hence to be guiltless. This consideration is not infrequently applied to determine the degree of right or obligation prevailing in the various forms of human engagements, such as contracts and the law of obligations. In the matter of prescription it is held to be an indispensable requirement whether there be question of acquiring dominion or freeing oneself from a burden.à ¢Ã¢â€š ¬Ã‚  The Framework to Act in Good faith (Contract) will also set down guidelines when a claim can be made to help prevent the abuse of this right. As to the contractual remedies that could be given, I feel personally that Exceptio Non Adimpleti Contractus which is from Roman law, it means exception of a non-performed contract. à ¢Ã¢â€š ¬Ã…“An exception or defence available in Roman law, that a person who is being sued for non-performance of contractual obligations can defend themselves by proving that the plaintiff did not perform their sid e of the bargain.à ¢Ã¢â€š ¬Ã‚  Also damages could also be awarded to the party affected by the breach. Theses damages should only be limited to the amount reasonably foreseen; these damages should exclude pain and suffering. The timescales within which action may be taken for breaches of contract law, as stated in the Limitation Act 1980 will apply. In conclusion I feel the English legal system will be benefit from having a doctrine of good faith. This because I will help the judiciary come to fair and just decisions, regarding à ¢Ã¢â€š ¬Ã…“good faithà ¢Ã¢â€š ¬Ã‚ , which can be done in a open and transparent way and can bring the law closer in alignment with protection of what is morel and right. Also by having good faith doctrine, it will not just be dispute settling but will give both parties more protection. By providing more security against the risks of opportunism and exploitation, so when good faith finds a place in law. The environment will become easier to trus t people and allow more risk taking. Don’t waste time! Our writers will create an original "Should Good Faith Have Any Place In English Contracts?" essay for you Create order