Wellington CC v Body Corporate 51702 (Wellington) (2002) 3 NZLR 486, NZCA
Here the court found that the commercial contract purporting to bind the parties to negotiate in good faith, was in substance a contract to try to agree and that the enforceability of such a contract was dependent on its terms and particularly on the specificity of those terms.
For such a contract to be enforceable it would need to be sufficiently certain - the contract in this case was not.
Good faith is essentially a subjective concept; the contract to negotiate in good faith contained little more definition than that of what the obligations of the parties were.
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