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Falsehood and Breach of Contract in New Zealand: Misrepresentations, Contractual Remedies, and the Fair Trading Act

Falsehood and Breach of Contract in New Zealand: Misrepresentations, Contractual Remedies, and the Fair Trading Act

Author: R J Hollyman
Publisher: Thomson Reuters New Zealand
ISBN: 9781988504247
Published In: June 2017
Format: Paperback
Jurisdiction: New Zealand ? Disclaimer:
Countri(es) stated herein are used as reference only

RM588.92

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Description
Contents

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This work is a significant new commentary on the way private law deals with falsehoods, in the form of misrepresentations, misleading and deceptive conduct, and deceit.

Beginning with an introduction which provides a general overview of various areas of law that fall within the ambit of the term “falsehoods”, the book then provides a detailed treatment of the tort of deceit and its relevance in 21st century New Zealand.

This is followed by a comprehensive discussion of the law of misrepresentation and breach of contract in the context of New Zealand’s contractual remedies legislation. The final part of the book is devoted to misleading and deceptive conduct under the Fair Trading Act 1986, the circumstances in which it is possible to contract out of the Act, and the civil remedies available to those affected by breaches of the Act.

Falsehood and Breach of Contract in New Zealand also includes appendices containing the text of the legislation discussed in the book including the Contract and Commercial Law Act 2017.

The depth and quality of the commentary in Falsehood and Breach of Contract in New Zealand ensures that that the text will be an invaluable source of information for civil litigators, commercial lawyers, the judiciary and academics and students in a variety of disciplines.

Part 1: Introduction

Part 2: The Common Law

The tort of deceit

Part 3: The Law Relating To Misrepresentation and Breach of Contract

Introduction to the contractual remedies

What amounts to a misrepresentation

Cancellation for misrepresentation and breach of contract

The right to cancel for repudiation

Election: the choice between affirmation and cancellation

Contracting out of the contractual remedies

Consequences of cancellation

Damages and other remedies for misrepresentation