Wednesday, March 11, 2009

FELSAN REALTY V. COMMONWEALTH OF AUSTRALIA (CIVIL LAW, CONTRACTS)


Considering that the parties entered into a contract, it shall constitute the law between them. The agreement between the parties is the formal expression of the parties' rights, duties, and obligations. Being the primary law between the parties, it governs the adjudication of their rights and obligations. when the terms of the contract are clear and leave no room for interpretation, the literal meaning of its stipulations, shall, therefore, control.

A court has no alternative but to enforce the contractual stipulations in the manner they have been agreed upon and written, The petitioner was, therefore, bound to respect the decision of the respondent not to continue on with the lease. Absent any allegation that a stipulation is contrary to law, morals, good customs, public order, or public policy, it must be complied with in good faith.


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