153 See Attorney General v. Blake [2001] 1 A.C. 268; Weinrib, E., “Punishment and Disgorgement as Contract Remedies” (2003) 78 Chi-Kent L.Rev. 55Google Scholar; Botterell, A., “Contractual Performance, Corrective Justice, and Disgorgement for Breach of Contract” (2010) 16 Legal Theory 135CrossRefGoogle Scholar. With respect to the argument for partial debt relief from earnings resulting from breach of a bargaining agreement, see Devonshire, P., The Hypothetical Negotiation Measure: An Untenable Fiction [2012] Lloyds Maritime and Commercial L.Q. 393Google Scholar; On “user damage,” see Stoke City Council v. – J. Wass [1988] 1 W.L.R. 1406, 1414. 24 For approval of Walford v Miles by the New Zealand Court of Appeal, see Wellington City Council/Body Corporate 51702 (Wellington) [2002] 3 N.Z.L.R. R.

486. See also Elizabeth Bay Developments Pty Ltd.v Boral Building Services Pty. Ltd. (1995) 36 N.S.W.L.R. 709. On the reluctance of Australian courts to impose a duty to bargain in good faith, see z.B. Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 240 C.L.R. 45. See also Peden, “Incorporating Terms of Good Faith in Contract Law in Australia,” 222.

National courts are distinguished by their recognition and application of provisional agreements. When an international treaty is negotiated between parties of different legal traditions, special attention should be paid to the development of preliminary agreements with a clause in which the parties declare that they will negotiate in good faith. Under these conditions, the original contract often contains a provision under which the parties indicate that they intend to enter into a new agreement in the future. Sometimes these provisions define detailed mechanisms for this purpose, whereas sometimes they can only be one or two sentences. This approach buys the parties time to build trust, develop the products or processes that are marketed on the line, and establish the reasons and commercial conditions for each subsequent engagement. 152 Peel, “Der Status of vereinbarungen,” 58. Peel also indicates that an applicant may attempt to include the loss of the opportunity to negotiate with another party in his loss of confidence and argues that this opportunity has a value that should be recognized as part of the loss of confidence: Ibid., 58, 83. However, such an assertion could lead to criticism of uncertainty, as could claim damages.-