Unfair contract terms: termination for convenience

Gray, Anthony (2013) Unfair contract terms: termination for convenience. University of Western Australia Law Review, 37 (1). pp. 229-252. ISSN 0042-0328

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Abstract

This article considers the increasing use of termination for convenience clauses in contracts, allowing one party to terminate the contract without cause. Use of such clauses can render obsolete the traditional contract law distinction between conditions and warranties in contracts, and typically reflects the relative bargaining position of parties to a contract. The article considers whether development of the concept of good faith might be useful in ascertaining the extent to which the use of such clauses should be permitted.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Copyright of articles published in The University of Western Australia Law Review remains with the individual authors.
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 15 Feb 2014 07:16
Last Modified: 21 Apr 2016 06:09
Uncontrolled Keywords: termination for convenience, termination without cause, freedom of contract, good faith, reasonableness
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180123 Litigation, Adjudication and Dispute Resolution
18 Law and Legal Studies > 1801 Law > 180105 Commercial and Contract Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/24760

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