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Liability for the Negligence of Independent
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agreement applied approach Australia bailment Bank bargain benefit breach of contract Butterworths buyer CCEL circumstances claim clause common law condition constructive dismissal context contract law Court of Appeal creditor damages decision defendant doctrine documents economic duress effect employee employment contract enforcement English entitled equity estoppel example exercise fact faith frustration held High Court House of Lords implied innocent party interest issue J W Carter law of contract liability liquidated damages Lloyd's Rep Lord Denning Lord Marnoch loss negligence non-delegable duty notice NSWLR obligation party's payment performance plaintiffs principal debtor principle promisor Promissory Estoppel Pty Ltd purchase question reasonable rejection relation relationship relevant reliance relief remedies repudiation restitution right to withdraw rule seller South Wales surety termination third party tort transaction unconscionability undue influence Uniform Commercial Code vicarious liability withdraw for breach