Introduction

This review covers decisions in contract law since the last seminar in 2022. As with earlier reviews. The cases reviewed are from the courts of New Zealand and other common law jurisdictions which share fundamental principles in contract law. While in some earlier reviews significant changes and reformulations of the principles in the law of contract have been noted, such changes tend to be the exception in this area of the law where certainty is considered to be very important. In the recent period the decisions have been concerned with the application of established principles. One or two cases follow naturally from the last review. Generally, the cases have been chosen to illustrate the application of the law in different circumstances; some show the inherent difficulty in deciding disputes by applying the relevant principles, particularly disputes concerning the meaning of agreements. Again, the aim is to assist lawyers in their work with contracts.

Content outline 

• Finding and interpreting the terms of informal oral agreements
• Bathurst sequel in the High Court
• Interpreting contracts in writing
• Contractual discretions – implied obligations
• Force majeure clauses – interpretation and application
• Misrepresentation, Fair Trading Act, and exclusion clauses
• Sale of land – breach of condition
• No oral modification clauses
• Fair Trading Act – legislative reform
• Contract law and the pandemic
• What lies ahead for the law of contract?