Farah Construction Pty Ltd v J Cranny & Son Pty Ltd and Another [2002] NSWSC 364

The evidence reveals a preparedness to negotiate on the part of the defendant and a failure to do so on the part of the plaintiff; there was no breach of duty on the part of the defendant.

Jurisdiction: Australia
Judgment Date: 30 April 2002
Procedural Posture: Civil / Judgment
Outcome: Plaintiff's claim dismissed
Legal Topics: ['promise to Negotiate in Good Faith' 'breach of Agreement' 'illusory Promise' 'enforceability']

['contracts'] ['promise to Negotiate in Good Faith' 'breach of Agreement' 'illusory Promise' 'enforceability']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Civil / Judgment

Legal Issues

1 ['Whether the defendant breached the terms of settlement by failing to negotiate in good faith for sale of the property' 'Whether a promise to negotiate in good faith is enforceable or illusory']

Ratio Decidendi

The evidence reveals a preparedness to negotiate on the part of the defendant and a failure to do so on the part of the plaintiff; there was no breach of duty on the part of the defendant.

Court Disposition

Plaintiff's claim dismissed

Orders

['Declarations sought declined' 'Order for payment of $28,000 damages or equitable compensation declined' "Plaintiff's claim dismissed"]