This book is only available in PDF format

Published: 4 December 2015
Pages: 41

Introduction

This seminar covers developments in the law of contract since the previous seminar which was presented in October and November 2013. Some of the cases referred to in that seminar have been the subject of appeals which have produced decisions and interesting general observations in the higher courts. In some areas, notably the law relating to penalty clauses in contracts, decisions in the courts of various common law jurisdictions have brought an area of the common law to centre stage and show that the law is developing in a significant way. The aim of the seminar is to summarise the decisions noting the important points of principle and offer some comment which will, I hope, be of practical assistance to you in your work.
This review follows the structure of earlier seminars. The main areas covered in this seminar are:

• Contract interpretation
• Implied terms
• The operation of principles of estoppel
• Cancellation
• Assignment and novation
• The law of penalties
• Frustration

While the seminar primarily focuses on recent decisions from the New Zealand courts, decisions from other commonwealth jurisdictions – in particular, Australia and the United Kingdom – are also considered because they are likely to have an influence on New Zealand law. I should also add that the material covered is a selection from the decided cases and is not intended to be an exhaustive survey of contract law decisions in the period.

Content outline

• Formalities – building work – written contracts
• Contract interpretation – the swinging pendulum
• A long lease, inflation and a very harsh bargain
• Earthquake damage – similar observations in the New Zealand Supreme Court
• Interpreting “reasonable endeavours” in the High Court of Australia
• Implied terms
• Unfair Contract Terms Guidelines 2015
• Enforcing promises under the principles of estoppel
• Novation in the Supreme Court
• Cancellation in the Supreme Court
• The Law of Penalties
• Planet kids – the Supreme Court on The Doctrine of frustration
• Assessment of damages – apportionment