I was interested in regards to contracts law and the existence off
good faith in these contracts. I was told that the case Aiton v
Transfield [1999] NSWSC 996 ( 1 October, 1999) - is a good
demonstration of this. I would like to know the following:
1. A summary of the facts of the case.
2. A summary of the progress of the case. So,if the matter is the
decision of an Appeal Court, 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.
4. (a) A summary of the judgment.
(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 contract 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. Does it set any new law? What is the importance of the case to good
faith in contract law.
Further notes that will help.
* When ever reference is made directly from the case - can you please
write the paragraph number from where the quotation is taken.
* Aiton is an Australian case and can be found @ <http://www.austlii.edu.au
* A GOOD ANSWER = a GOOD TIP. GOOD LUCK :-)
* Where it asks for a summary of the cases there is only one judge and
that is - Einstein J. The case is reagarding good faith when entering
into a contract. Perhaps the LBC Databbase ALMD or Australian Digest,
may contain on an online summary of the judgement. Note, that the case
is a supreme court of NSW case. |