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- Title
JUSTIFYING WHITE & CARTER: A LIMITATION ON EXCESSIVELY WASTEFUL PERFORMANCE.
- Authors
MORAN, LUKE
- Abstract
This article reviews the House of Lords decision in White & Carter (Councils) Ltd v McGregor, which has subsequently been applied in Australia, and refines and justifies the existence of the otherwise unclear legitimate interest qualification expressed by Lord Reid. In doing so, it attempts to reconcile the legitimate interest qualification with broader concepts in contract law such as the enforcement of promises and the avoidance of wasteful conduct. This article concludes that the legitimate interest qualification is best justified on the basis that it operates as a narrow limitation on a non-repudiating party's otherwise unfettered ability to affirm the contract and perform her obligations where to do so would be excessively wasteful. To that end, it is suggested that the qualification should be further refined to reflect this justification.
- Subjects
LEGITIMACY of governments; CONTRACTS
- Publication
University of Western Australia Law Review, 2021, Vol 48, Issue 2, p525
- ISSN
0042-0328
- Publication type
Article