Termination for convenience clauses and good faith

Gray, Anthony (2012) Termination for convenience clauses and good faith. Journal of International Commercial Law and Technology, 7 (3). pp. 260-275.

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Abstract

This article considers the legal validity of so-called termination for convenience clauses, which allow at least one party to the contract to terminate the contract without cause. Such rights are in contrast to more traditional approaches to contractual termination, which distinguished between breaches of condition and breaches of warranty, allowing termination only for the former. Specifically, it will be asked whether such termination for convenience clauses are consistent with requirements of good faith in contracting, the existence of which is itself contentious. As a result, it will be necessary to consider the current state of the law in Australia and elsewhere in relation to the extent to which good faith is and should be a feature of contracting.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Open access journal. Article © 2012 Anthony Gray. Published by JICLT. Note: See also eprints.usq.edu.au/21361, very similar, but title, abstract and some content are different. Both records retained in ePrints.
Depositing User: Dr Anthony Gray
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 31 Jul 2012 00:32
Last Modified: 03 Jul 2013 01:16
Uncontrolled Keywords: employment contracts; ethics; terminations; contracting
Fields of Research (FOR2008): 22 Philosophy and Religious Studies > 2201 Applied Ethics > 220102 Business Ethics
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
18 Law and Legal Studies > 1801 Law > 180105 Commercial and Contract Law
Socio-Economic Objective (SEO2008): E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/21601

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