Burger King Corporation V Hungry Jack's

Burger King Corporation v Hungry Jack's (2001) 69 NSWLR 558 was an Australian court case decided in the New South Wales Court of Appeal on 21 June 2001, concerning a dispute between United States-based fast food chain Burger King, and its Australian franchisee Hungry Jack's. It related to the breach of a business development agreement between the two companies, and the resulting attempts of Burger King to terminate the contract. The Court of Appeal decided that Burger King could not terminate the contract, for several reasons, one of which was that it was in breach of an implied term of good faith, having taken steps to engineer the breach of the contract.

The case is significant in Australian contract law as one of the most expansive characterisations yet of an implied term of good faith, particularly as it operates to limit parties exercising their contractual rights.

Read more about Burger King Corporation V Hungry Jack's:  Background To The Case, Judgment, Consequences, See Also

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