What might be the consequence of breaking "good faith" during contract performance?

Study for the Queensland Deputy Law Exam. Utilize flashcards and multiple choice questions with hints and explanations. Prepare effectively and confidently!

The consequence of breaking "good faith" during contract performance often leads to legal penalties or the rescinding of the contract. In contractual relationships, good faith refers to the intention of the parties to deal honestly and fairly with one another. When one party fails to act in good faith, it can result in significant repercussions.

Legal penalties may arise from specific provisions within the contract that outline consequences for breaches of good faith. This could include compensation for damages incurred by the other party as a result of the breach or, in some cases, the court's order to rescind the contract entirely. Rescission means that the contract is treated as though it never existed, allowing parties to exit the agreement without further obligations.

In contrast, other options present scenarios that are unlikely to occur in the face of bad faith. For instance, breaking good faith would not increase trust from the opposite party, as trust relies on mutual respect and adherence to agreed-upon terms. Additionally, contracts are meant to be flexible to some extent, especially regarding performance and conduct; thus, the notion that there would be no effect is inaccurate. Finally, bad faith behavior is unlikely to result in better negotiation terms in future contracts; rather, it could damage relationships and reputations, making future negotiations

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