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Update on Contract 2018

NZ $65.00
incl GST
Paul David QC 2018  
Paul David QC
Eldon Chambers
Auckland
 

Author: Paul David QC
Published: 9 April 2018
Pages: 51

Introduction

This review covers developments in the law of contract since the previous review which was presented in late 2015. I presented a further seminar in June 2016 on the Law of Penalties which covered recent developments in the law of penalties. This is an area which has, perhaps unexpectedly, been extensively examined by the higher courts in the United Kingdom and Australia. This review does not rehearse the ground covered by the earlier seminars but, in some of the areas covered, such as the approach to interpretation, implied terms, penalties and damages, the decisions reviewed build upon developments noted in the previous seminars. By way of example, in the recent period we have seen courts continue the emphasis in contract interpretation cases (which was highlighted in the previous seminar) on finding the meaning of the language by which contracting parties have expressed themselves in their agreement.

Content outline

  • Contract Interpretation
  • Two cases on Formation of Contract
  • Implied Terms - Is the end in sight for Belize?
  • Mistake, misrepresentation, entire agreement clauses
  • Unfair contract terms
  • The law of penalties
  • The assessment of damages
  • Legislative developments, notably the Contract and Commercial Law Act 2017
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