Australian Contract Law

985 Words2 Pages

Is Good Faith a contractual obligation

Introduction
Traditionally, Australian law does not recognize implied term of good faith applicable to contracts (with certain limited exceptions, such as insurance contracts). Rather, the right and freedom of commercial contracting parties to enter into an agreement on whatever terms they see fit and to prioritize their own self-interest (subject obviously to the usual constraints imposed by considerations of public policy, illegality etc.) is giving by Australian court. This is so irrespective of whether or not the courts might otherwise consider that one or other party has made a bad bargain or compromised itself commercially by what it has agreed to. The overriding principle is that the Australian …show more content…

involving mutual co-operation) contracts and whether, in fact, Australian law should be (or is already) moving towards the attitude adopted in some other jurisdictions, mainly civil law systems, which recognize such an implied duty. This report reviews some of the recent commercial contract case related to good faith and these recent decisions and considers what, if any, future impact they may have on parties' obligations under Australian law commercial contracts.

Burger King Corporation v Hungry Jack's Pty Ltd (2001)
Burger King Corporation v Hungry Jack's Pty Ltd was a case decide in New South Wales Court of Appeal on 21 June, 2001. Burger King, an American based fast food franchise attempts to terminate the contract with its Australian partner Hungry Jack’s as the result of breach of the development agreement between two company by Hungry Jack’s. The termination of contract was denied by the court for several reasons, one of the reason was Burger King has taken to engineer the breach of the contract and hence breach an implied term of good …show more content…

Therefore, it provided several proposals to buy out Hungry Jack’s either by itself or through a third party. Hungry Jack’s rejected those proposals. In 1995, Burger King started denies all approvals for any new store, and stopped granting financial and operating approval for new stores, which result that Hungry Jack’s was unable to open four new store each year. Furthermore, Burger King refused to extend contract with existing store started in 1996. following this, Burger King announced that it would not renew any of these store franchises once they expired. (Ellinghaus,

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