4

The Overriding Principle

4.2.1  principally, the legitimate commercial objectives of the distributor and the exhibitor; and

4.2.2  the relative bargaining strengths of the distributor and the exhibitor; and

4.2.3  whether, as a result of conduct engaged in by a party, the other party is required to comply with conditions that are not reasonably necessary for the protection of the legitimate interests of the first mentioned party; and

4.2.4  whether a party is able to understand documents relating to the transaction or proposed transaction that are supplied by the other party; and

4.2.5  the commercial basis on which, and the circumstances under which, a distributor could make the film available to another exhibitor, or an exhibitor could receive supply of an equivalent film from another distributor; and

4.2.6  the extent to which a distributor's or exhibitor's conduct towards an exhibitor or distributor is consistent with that distributor's or exhibitor's conduct toward other like exhibitors or distributors in similar transactions; and

4.2.7  the extent to which a party is willing to negotiate the terms and conditions of the transaction with the other party; and

4.2.8  the extent to which a party acts in good faith.