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Vol 21 No 10 Oct/Nov 2016

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Introduction to the Law of Contract in New Zealand 6th ed

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ISBN13: 9780455224947
Previous Edition ISBN: 0455212295
Published: May 2008
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: Out of print



Since the last edition was completed at the end of 2004 most of the changes that have occurred in the law of contract have been clarifications of how existing principles apply in particular instances.

There have also been some important cases and they, together with statutory amendments that have been made, are covered in this edition.

The most important cases include the High Court, Federal Court and State court decisions, starting with Pacific Carriers Ltd v BNP Paribas, that confirmed the importance of the parties’ objectively determined contractual intention when deciding whether particular matters have become terms of the contract.

Other significant decisions included in this edition are:-

  • Khoury v Khouri and Faraday v Rappaport (confirming payment of money is not a sufficient act of part performance to circumvent the Statute of Frauds’ writing requirements);
  • Mitchell v Valherie (an expanded view on when statements in advertising will be regarded as mere puff);
  • and Koompahtoo Local Aboriginal Council v Sanpine Pty Limited (the first time the High Court has expressly accepted that the concept of intermediate terms is part of the law of Australia).
Also noted in the Appendix is the first decision concerning the effect of the Spam Act 2003 (Cth) – Australian Communications and Media Authority v Clarity1 Pty Ltd, highlighting the seriousness with which the obligations imposed by that Act are regarded.

New to the sixth edition is a section on “disgorgement damages”, which, while not yet awarded in Australia, have been awarded in the United States and have been raised as a possible remedy for appropriate breaches of contract in the United Kingdom.