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Leon, 468 U.S. 897 (1984), was a United States Supreme Court case in which the Court established the "good faith" exception to the Fourth Amendment exclusionary rule. [ 1 ] Background
In United States constitutional law and criminal procedure, the good-faith exception (also good-faith doctrine) is one of the limitations on the exclusionary rule of the Fourth Amendment. [ 1 ] For criminal proceedings, the exclusionary rule prohibits entry of evidence obtained through an unreasonable search and seizure , such as one executed ...
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to ...
In Manifest Shipping Co Ltd v Uni-Polaris Shipping Co Ltd [1] John Hobhouse, Baron Hobhouse of Woodborough said, . As Lord Mustill points out, Lord Mansfield was at the time attempting to introduce into English commercial law a general principle of good faith, an attempt which was ultimately unsuccessful and only survived for limited classes of transactions, one of which was insurance.
Leggatt J held that there was a duty to be honest, which is part of good faith, and that ITC had made a repudiatory breach of contract.. 123. Three main reasons have been given for what Professor McKendrick has called the "traditional English hostility" towards a doctrine of good faith: see McKendrick, Contract Law (9th Ed) pp.221-2.
Ray (1967), a case litigated during the height of the civil rights movement, the Supreme Court created qualified immunity with the rationale of protecting government actors from frivolous lawsuits and financial liability in cases where they acted in good faith in unclear legal situations.
The doctrine is to be developed incrementally with analogy to existing areas where good faith is recognised, but the existing categories are not closed. The principle should be consistent with the weight the common law places on freedom of contracting parties to pursue self-interest: motives of contracting parties should not be scrutinised.
The Tea Rose-Rectanus doctrine or remote, good-faith user doctrine [1] is a common law rule of United States trademark law that determines the geographic scope of rights. The doctrine allows a junior user of a mark that is geographically remote from the senior user of the mark to establish priority over a senior user's claim to the mark in the junior user's area. [2]