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We publish a wide range of useful information on a regular basis.

  • Breach Of Contract And The Right To Cancel – What Is An Essential Term?

    December 2020

    There has been recent High Court consideration of Section 37 Contract and Commercial Law Act regarding a party’s entitlement to cancel a contract “if induced into it by a misrepresentation” or “if a term of the contract is or will be breached”. D sought recovery ...

  • What Is A Calderbank Offer?

    September 2020

     A Calderbank offer, otherwise known as a “Without Prejudice Save as to Costs” offer, is a tactic that can be used to settle a dispute for a lower amount and avoid going to a court trial.  This tactic is named after a ...

  • Commercial Leases

    September 2020

    Seeking to update the terms by way of variationArrangements regarding leases have been a hot topic with the recent business disruptions due to COVID19 and have highlighted that not every Deed of Lease is the same.   A Deed of Lease can be ...

  • Business Sales

    September 2020

    Due Diligence and Restraints of Trade If you are considering selling your business, there are a number of key things you need to think about to avoid post sale problems. Two, in particular, are the due diligence process and any restraint of ...

  • The Risks With Bankruptcy

    June 2020

    The Risks With Bankruptcy It is always a difficult time when you find that you are earning 99c but regularly spending $1.00. If you cannot turn the position around, personal bankruptcy being declared against you looms as a real consequence. Filing for bankruptcy ...

  • Misrepresentations In A Commercial Context

    June 2020

    Misrepresentations In A Commercial Context Considering an important recent case The Court of Appeal judgement in CA Bushline Trustees Ltd v ANZ Bank NZ Ltd contains some useful guidelines for how the Courts are dealing with claims where there are allegations of misrepresentations ...

  • “Force Majeure”, Frustration Of Contract And Covid-19 Issues

    June 2020

    “Force Majeure”, Frustration Of Contract And Covid-19 Issues “Force majeure” is a French term that is commonly inserted into commercial contracts to cover a wide variety of unexpected circumstances. The term equates to the phrase – “Act of God”. If an event ...

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