A case study on the following case. Aiton v Transfield [1999] NSWSC
996 ( 1 October, 1999)
1. A summary of the facts of the case.
2. A summary of the progress of the case, if applicable. Accordingly,
if the matter is the decision of an Appeal Court, then reference
should be made to the decision of the lower court.
3. A summary of the arguments put by both the plaintiff and the
defendant, assuming they can be ascertained from the judgment.
4. (a) A summary of the judgment. If there is more than 1 judge, then
a summary of each judge's reasons. NOTE - reasons for the purposes of
the question mean - the argument or reasoning (where such can be
discerned) on which the judge's ultimate decision is based. Thus any
statement of the law logically necessary to the case. This should also
include minority and majority judgements and the ratio of the case.
(b) Was there any significant obiter? NOTE. Meaning of the word
obiter is "an incidental and collateral opinion uttered by a judge."
5. How the decision of the case affects the current law; Is good faith
a concept that is part of Australian law, either expressly or as an
implied term in the negotiation or performance of contracts? If so,
what does it mean - i.e., what is the content of good faith in
Australia?
6. Critical evaluation of the case. This is the view as to whether the
case is a strong authority, whether it sets any new precedent in the
particular area of contract law and the importance of the case to that
area of contract law.
Further notes that will help in the answering of the question.
* When ever reference is made directly from the case - can you please
write the paragraph number from where the quotation is taken. The case
is numbered in paragraphs.
* Just to clarify this is an Australian case and can be found in the
web site <http://www.austlii.edu.au>.
* I realise that question may been seen as requiring a legal advice by
the Researcher. I realise Google Researchers cannot give legal advice,
and that nothing in an Answer should be construed as such or should
substitute for such. However, it is just an analytical opinion based
on trh case and nothing else and will not be taken or relied upon in
any way.
* A GOOD ANSWER WILL RECEIVE A GOOD TIP. GOOD LUCK :-) |