Q No 6 The trial judge Besanko J was found in the favour of Mr Barker According

Q no 6 the trial judge besanko j was found in the

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should be able to continue with his job. Q No 6. The trial judge, Besanko J, was found in the favour of Mr Barker. According to him there was a term of mutual trust and confidence between an employer and employee. He sees there is bank failure with mutual trust and confidence so Mr Barker must not be redundant and can continue his job. Q No 7. a. This case is highly persuasive. This is the case of Full Federal Court of a different country. This case is considered persuasive because the decision regarding this case is the decision of High Court of England. b. The ratio decidendi of the Malik [1998] AC 20 case is the majority held that a term of mutual trust and confidence. c. Their Honours in the Full Federal Court rejected the reasoning of the trial judge Beasanko J because according to Their Honours “the employer will not, without reasonable cause, conduct itself in a manner likely to destroy or seriously damage the relationship of confidence and trust between employer and employee”. Q No 8. a. The ways in which Courts have implied terms of contact are: a) In fact or ad hoc to give business efficacy to a contract b) By custom in particular classes of contract c) In law in particular classes of contract
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  • Spring '15
  • NS
  • federal court, mutual trust, Full Federal Court, Federal Court of Australia

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