Current Contractual Issues: Pre-contractual Misrepresentation

Presenters:

Stephen Hunter QC, Shortland Chambers

Mike French, Director Law Undergraduate Programmes, Auckland University of Technology

Synopsis:

The next in a series on current contractual issues, these papers will look at the ins and outs of pre-contractual misrepresentation. With significant recent caselaw touching on this area, the presenters will explore various aspects of this key topic, providing an update – including in relation to the significance of legal advice – that you won’t want to miss.

These materials will help you:

• Get to grips with the framework for analysing pre-contractual misrepresentation – the relationship between the law of contract and the law of negligent misstatement.
• Receive a refresher on what constitutes mispresentation.
• Delve into the primacy of the written agreement and the judicial mindset, including looking at recent caselaw.
• Gain a better understanding of s 50 of the Contract and Commercial Law Act 2017 and “no representations” clauses.
• With reference to the Bushline case, examine the significance of legal advice.
• In respect of relief, revisit the approach under s 35 of the Contract and Commercial Law Act in light of the Court of Appeal’s decision in Southern Response v Dodds.
  

Intended audience:

All lawyers, particularly civil and commercial litigators, and general practitioners.