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Australia Leading Case implied termsgood faith and relational contracts

Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd

(1979) 144 CLR 596
JurisdictionAustralia
CourtHigh Court of Australia
Year1979
StatusBinding authority

Summary

A term requiring cooperation is implied where necessary for a contract to operate, laying foundations for good faith obligations in Australian contract law.

Key Principle

cooperation term implied where necessary for contract to operate; foundations of good faith debates

Area of Law

Contract

Related Cases

Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165

A party who signs a contractual document is bound by its terms whether or not they read or understood them, affirming the objective theory of contract.

Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451

An agent's ostensible authority is determined by what the principal communicated to the third party, not by private arrangements between principal and agent.

Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471

Entire agreement clauses and the parol evidence rule preclude reliance on extrinsic implied terms inconsistent with a written contract.

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