Falsehood & Breach of Contract in New Zealand

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 21^st 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
• Assignment and the other contractual remedies

Part 4: The Fair Trading Act

• Introduction
• Misleading or deceptive conduct under the Fair Trading Act
• Sections 10 to 14: specific instances of misleading or deceptive conduct
• Contracting out of The Fair Trading Act
• Civil remedies for breach of sections 9 to 14 of The Fair Trading Act

Appendices

Table of Statutes and Regulations

Table of Cases

Subject Index