Remedies for Breach of Contract 2023 - Online CPD

Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $185 - NZLS members and Associate members
• $235 - 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

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:

• Consider damages available for breach of contract and how they are assessed, including expectation and reliance damages, and damages resulting from loss of a chance
• Provide guidance in relation to exclusion and penalty clauses
• Look at the impact of limitation of liability clauses on damages for breach of contract
• Outline equitable remedies available for breach of contract
• Provide guidance on how to obtain the best results for your client when bringing or facing a claim for breach or potential breach of contract.

Learning objectives

By completing this module you will:

• Learn about remedies available for breach of contract and factors to consider in assessing those remedies.
• Receive guidance on how to best advise your clients when bringing or facing a claim for breach or potential breach of contract.

Electronic paper 

Authors: Nina Blomfield, Alice Poole
Published: 28 November 2023
Pages: 33

Introduction

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.

PowerPoint Presentation

These are the slides included in the presentation.