[Download] "Franchising and the Quest for the Holy Grail: Good Faith Or Good Intentions?" by Melbourne University Law Review * eBook PDF Kindle ePub Free

eBook details

Title: Franchising and the Quest for the Holy Grail: Good Faith Or Good Intentions?
Author : Melbourne University Law Review
Release Date : January 01, 2009
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 355 KB

Description

[The recent Opportunity Not Opportunism: Improving Conduct in Australian Franchising report by the Parliamentary Joint Committee on Corporations and Financial Services (released December 2008) concluded that, while the prior disclosure obligations of Australia's regulatory instrument for franchising (the Franchising Code of Conduct) are for the most part adequately addressed, there remain concerns because of 'the continuing absence of an explicit overarching standard of conduct for parties entering a franchise agreement'. The Joint Committee recommended that the optimal way to address this concern, and thereby provide a deterrent against opportunistic conduct in the franchising sector, was "to explicitly incorporate, in its simplest form, the existing and widely accepted implied duty of parties to a franchise agreement to act in good faith'. This article analyses the scope and content of the existing implied obligation of good faith at common law and considers the implications for the franchise sector of a good faith obligation, were one to be incorporated into the Code.] I INTRODUCTION