Contract Law Update (Paper)

Materials comprised of a Paper and PowerPoint Handout.

Presenters:

Daisy Williams Barrister, Shortland Chambers

Synopsis:

A practical update on key developments in New Zealand contract law. This paper will examine recent appellate decisions shaping the legal landscape across key areas, including contractual discretions, exclusion clauses, contract interpretation, and common mistakes.

Cases are examined such as BNZ v Christian Church Community Trust, a significant Court of Appeal decision that has sparked debate over the appropriate limits on the exercise of contractual discretions. 

Other recent authorities are discussed to illustrate how New Zealand courts are refining the principles of contract interpretation and clarifying the scope and operation of exclusion clauses. 

The paper will also consider recent developments in the law of common mistake.

These Materials will help you:

• Analyse the Court of Appeal’s decision in BNZ v Christian Church Community Trust and evaluate its implications for drafting and interpreting contractual discretions.
• Identify and apply recent guidance on the interpretation of commercial contracts in practice.
• Assess the operation and limits of exclusion clauses.
• Understand current judicial approaches to the doctrine of common mistake and how it may affect contract enforceability.
• Incorporate these developments into day-to-day practice, including drafting, advising and litigation strategy.

Intended Audience:

Civil and commercial litigators, transactional lawyers and general practitioners.