An express and unconfined contractual power to terminate on notice without cause cannot be constrained by an implied duty of good faith, as such implication would be inconsistent with the terms of the bargain. Where a fuel re-selling agreement requires no initial non-refundable payment, the amount within s 32(11)(c) of the Oilcode is zero, satisfying the condition for a flexible duration. The question whether Australian law recognises a general implied duty of good faith in commercial contracts was expressly left open.
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