Of Rubbish Bins and Beauty Queens: Independent Obligations in Contract

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Baron, Paula
Freilich, Aviva
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2005
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Abstract

This paper is concerned with the rule in White and Carter (Councils) Lld v McGregOl;2 v iz, that an innocent party, when faced with a repudiation, may elect not to accept the repudiation and, if her obligations are independent, may go on to perform the contract and claim the contract price. Using a recent scenario reported in the press, this paper compares the likely outcome of this scenario under an ordinary claim for damages in contract, under a Trade Practices Act section 52 action, and under the rule in White and Cartel: The paper argues that the application of the rule in White and Carter not only leads to anomalous results but is out of keeping with the emerging trend to imply duties of good faith into contracts.

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University of Western Australia Law Review

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32

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2

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Law not elsewhere classified

Law

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