MJB Enterprises LTD v. Defence Construction

Contract A/B • 10

Recognize the binding obligations under Contract A, distinct from the construction contract (Contract B).

Privilege and Good Faith • 20×

A privilege clause does not provide unlimited discretion; compliance with tender terms is a prerequisite. Acting in good faith does not excuse breach of contract if compliance is not achieved. Expectation damages based on what plaintiff would have earned under Contract B.