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