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New Zealand · Year 2 · Contract Law

Contract and Commercial Law Act 2017

Statutory remedies and interpretation.

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  1. 1.What did the Contract and Commercial Law Act 2017 do?

    It consolidated several older statutes, including the Contractual Remedies Act 1979, the Contractual Mistakes Act 1977 and the Contracts (Privity) Act 1982.

    Contract and Commercial Law Act 2017

  2. 2.Remedy for an induced misrepresentation under the CCLA?

    Damages as if the representation were a term of the contract that was breached (s 35).

    CCLA 2017, s 35

  3. 3.When can a party cancel under CCLA s 37?

    For repudiation, or a misrepresentation or breach where the parties expressly or impliedly agreed the matter was essential, or where the effects are substantial.

    CCLA 2017, ss 36–37

  4. 4.Firm PI 1 Ltd v Zurich Australian Insurance (2014) — approach?

    Contracts are interpreted objectively, by what a reasonable person with the parties' background knowledge would understand, and context is always relevant.

    [2014] NZSC 147

  5. 5.Can a third party enforce a contract in NZ?

    Yes, if the contract confers or is intended to confer a benefit on that designated person (CCLA Part 2, Subpart 1, from the former Contracts (Privity) Act 1982).

    CCLA 2017, Part 2