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Issues in Cancellation of Commercial Contracts and Leases - Online CPD

Description

Package includes:

Online CPD Module  l  Booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $149 - NZLS members and Associate members
  • $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Module

Presentation time: 90 minutes
1.5
CPD HRs

Do you understand how the Courts are interpreting the statutory rights to cancel for breach of commercial contracts and leases?

This module will consider specific issues relating to cancellation of commercial contracts and leases, including a discussion on recent case law in this area. It will aim to assist practitioners when advising clients on cancellation for breach of contract/lease and when drafting cancellation letters and notices.

Topics will include:
  • A look at the statutory right to cancel for breach of a contractual term under the Contractual Remedies Act 1979
  • Essentiality – what is the test? Are the Courts in agreement? Divided?
  • A look at the statutory right to cancel for breach of lease under the Property Law Act 2007
  • Cancellation letters and notices – are they necessary? What should/shouldn’t they include? What are the Courts saying?
  • A brief look at remedies and relief
  • Key messages.

Learning objectives

After this module you will be able to:

  • Understand how the Courts are interpreting the statutory rights to cancel for breach of commercial contracts and leases.
  • Advise clients considering, or faced with, cancellation of a commercial contract or lease.
  • Draft cancellation letters and notices.


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Booklet

Authors: Sarah Devoy, Natalie Miller
Published: 28 September 2016
Pages: 65

Introduction

This part of the booklet looks at cancellation of contracts under the Contractual Remedies Act 1979 (CRA), focusing on cancellation for breach of an essential term. It considers the key provisions in the CRA, looks at the leading case in New Zealand on essentiality, the current test to determine essentiality, and provides comment on cancellation notices and remedies and relief.

PowerPoint Presentation

These are the slides included in the webinar presentation.
Number of Slides: 49

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