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Virk Pty Ltd (in liq) v YUM! Restaurants Australia Pty Ltd [2017] FCAFC 190

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CONTRACT - implied terms - implication of duty or obligation of good faith and reasonableness - franchise agreement - where franchisor had discretionary power to set maximum prices for products - where parties accepted that power subject to duty of good faith - scope of duty of good faith and reasonableness - whether franchisor was obliged to act reasonably in an objective sense NEGLIGENCE - franchise agreement - whether franchisor owed duty of care to franchisees in exercising power to set maximum prices for products - where franchisee alleged that franchisor owed franchisees a duty to exercise power so that franchisees could make, maintain or increase profits CONSUMER LAW - unconscionable conduct - franchise agreement - where franchisee alleged that franchisor had engaged in unconscionable conduct in setting maximum prices for products

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