Cutting : Failure to update disclosure docs = breach of industry code….

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Bridle Bijoux - grey, silver and crystal Horses-store.comCutting : Failure to update disclosure docs = breach of industry code….

Failure to update disclosure docs = breach of industry code Refusal to negotiate = breach of good faith Distribution of discriminatory promotional materials = conduct not necessary to protect legitimate interests All conduct AFTER formation of k, so not traditional procedural shopping list Automasters Aust v Bruness Pty Ltd (2002) WASC 286 Facts Franchise case Ongoing disputes Auto terminated cutting off income stream for franchisee Held Basis of termination was “ambiguous” and in terminating had acted “capriciously and unreasonably failed to recognise and have due regard to the legitimate business interests of Bruness” Lack of good faith conduct AFTER k Boral Framework and Scaffolding v Action Makers Ltd [2003] NSWSC 713 Facts B had agreement w/ A for supply of equipment used in scaffolds As time was of essence, agreement provided that if B alleged defects, they were to carry out repairs (according to an agreed protocol), deduct that cost from the agreed purchase price, and then a procedure to resolve disputes over that amount would follow Shipment arrived Defective B carried out repairs expecting to deduct cost Meanwhile A went into receivership Receivers ignored k and simply called up the Letter of Credit securing payment of the entire k price, relying on the “principle of autonomy” which supports letters of credit as a means of securing payment Held (Austin J)

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Equestrian Products – Guardian Horse Bedding, Equiderma Skin Products, Equilinn Sports Bra

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    Horses-Store.com and Cutting : Failure to update disclosure docs = breach of industry code….
    Horses-Store.com - Cutting : Failure to update disclosure docs = breach of industry code….
    Horses-Store.com and Cutting : Failure to update disclosure docs = breach of industry code….
    Horses-Store.com - Cutting : Failure to update disclosure docs = breach of industry code….