Contract Law and Remedies in New Zealand
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This paper examines the intricacies of contracts and damages according to the legal system in New Zealand. The paper uses an actual case to exemplify how damages are determined. Then it presents the four categories of liability that may occur under breach of contract. Next, the paper discusses which type of damage result in compensation. Various scholars are cited, along with their opinions on remoteness tests which are used to determine liability. Finally, the paper suggests other issues which may aid in determining damages. The paper concludes by noting the complexities of determining liability and damages in breach of contract cases.
From the Paper:"Now that we know the different heads of liability that loss due to a breach can occur under, we now need to know what damage will result in compensation. To understand this we need to apply a remoteness test, as not all damage arising due to a breach of contract will lead to liability on the defendant. The first test is to show that the loss was within reasonable contemplation of the parties. Hadley suggests we look for damage resulting in the ordinary course of things, and abnormal damages arising out of special circumstances where there is knowledge. If we can show that the damage occurred falls under one of these it is likely a defendant will be assumed to have reasonably contemplated it could arise out of their breach. Victoria Laundry suggests we look at this and ask whether there was imputed knowledge, where a reasonable person could conclude that damage would be likely due to the breach, or actual knowledge of special circumstances which could likely lead to a breach. By showing such we can decide what damage is too remote and what damages is not in order to decide what remedies should be made available."
Sample of Sources Used:
- "Law of Contract in NZ" , John Frederick Burrows, Jeremy Finn, Stephen Todd: 2012
Cite this Analytical Essay:
Contract Law and Remedies in New Zealand (2012, October 12) Retrieved November 29, 2020, from https://www.academon.com/analytical-essay/contract-law-and-remedies-in-new-zealand-151836/
"Contract Law and Remedies in New Zealand" 12 October 2012. Web. 29 November. 2020. <https://www.academon.com/analytical-essay/contract-law-and-remedies-in-new-zealand-151836/>