An agreement to negotiate a contract in good faith: No legal content and too uncertain for enforcement
Duncan, William D. & Christensen, Sharon (2015) An agreement to negotiate a contract in good faith: No legal content and too uncertain for enforcement. Australian Property Law Bulletin, 30(3), pp. 37-39.
The decision of Baldwin v Icon Energy Ltd  QSC 12 is generally instructive upon the issue of the minimum required to enforce an agreement to negotiate .The language of these agreements is always couched in terms which include the expressions “good faith” and “reasonable endeavours” as descriptive of the yardstick of behaviour of each party in the intended negotiation to follow such an agreement. However, the mere statement of these intended characteristics of negotiation may not be sufficient to ensure that the agreement to negotiate is enforceable.
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|Item Type:||Journal Article|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
|Divisions:||Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Copyright Owner:||Copyright 2015 LexisNexis Butterworths|
|Deposited On:||22 Sep 2015 01:28|
|Last Modified:||27 Sep 2015 00:12|
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