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On Demand Module l Electronic booklet l PowerPoint Presentation
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When bringing or facing a claim for breach or a potential breach of contract, one of the central issues will be what remedies are available and how this might impact your client (either as the innocent party or the party in breach).
This module will:
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Authors: Nina Blomfield, Alice Poole
Published: 28 November 2023
Pages: 33
Numerous contracts are entered into every day in New Zealand. However, they are not all performed according to their terms, and some will be breached. Often discussions and negotiations can resolve matters, and sometimes the contract itself will provide a mechanism for managing disputes. But in many cases the difficulties caused by the breach cannot be resolved informally. Therefore, the law provides a range of remedies to enable the aggrieved party to obtain either the performance for which it contracted, or compensation for not receiving it.
In this paper we consider the remedies available in New Zealand for breach of contract, and how these remedies might impact your client – either as the innocent party or as the party in breach. In particular, we address:
• damages available for breach of contract;
• the impact of limitation and exclusion clauses on damages;
• when damages can be sought for consequential loss;
• the enforceability of penalty (liquidated damages) clauses;
• equitable remedies available for breach of contract; and
• practical tips for avoiding or dealing with breaches of contract.
These are the slides included in the presentation.
Nina Blomfield Simpson Grierson Auckland |
Alice Poole Simpson Grierson Auckland |