The Law Association of New Zealand

Contract Implied Terms: Fact or Fiction? (2025) (On Demand)

This On Demand was recorded on 28 August 2025.

While the wording of a contract is key, what it does not say can be crucial. Terms implied, whether by law or in fact, to fill gaps can alter the nature of the contract and in turn how a situation plays out for the parties – sometimes with significant implications.

With reference to key case law, this On Demand will explore how our courts approach the implication of terms as part of the broader contractual interpretation exercise, delve into the requisite criteria for implying a term, and highlight ways to manage the risks and opportunities presented by implied terms.

Learning Outcomes

  • Develop an understanding of how a court in New Zealand will approach the implication of terms as part of the broader contractual interpretation exercise.
  • Explore the criteria that need to be met before a term will be implied in a contract.
  • Understand some of the tips for avoiding the need to rely upon an implied term in the first place!


Who Should Watch?

This On Demand will be of relevance and value to civil litigators, commercial lawyers and general practitioners, of all levels of experience.


Presenters

Seb Bisley, Barrister, Thorndon Chambers 
Amy Ryburn, Partner, Buddle Findlay


Seb Bisley

In Seb's 20 years as a litigator, he has provided his clients with strategic guidance and effective advocacy across all fields of commercial and public litigation.

Before joining the independent bar, Seb was a senior litigation partner at Buddle Findlay.  He is admitted in both England and New Zealand, and has appeared at all levels of the New Zealand court system.  He frequently appears and advises in relation to mediations and arbitrations.

In 2019, Seb was Benchmark Litigation’s New Zealand Lawyer of the Year. He is rated as a Litigation Star by Benchmark Litigation 2021, and as a Leading Individual by Legal 500 2021.  His clients describe him as giving "very high-quality advice that is always sound and sensible", and as a “great strategist” with a “clear understanding of what is at the heart of each issue”.  

He is also recommended in the Legal 500 2017 – 2024, Doyle's Insolvency Guide 2016 – 2020, and Who's Who Legal (Restructuring and Insolvency) 2022 - 2024.

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Amy Ryburn

Amy specialises in commercial law.  She advises on a range of commercial matters but has a particular focus on technology, media and telecommunications (TMT), outsourcing, public sector contracting and procurement, intellectual property, privacy and data protection, and consumer law matters.

Amy has more than 20 years of experience working on complex technology projects in both New Zealand and the United Kingdom.  Her team has worked on some of the most significant technology contracts in New Zealand in recent years (including a number of syndicated and framework agreements put in place for use by eligible Government agencies throughout New Zealand).

Her expertise includes drafting, negotiating and providing strategic pragmatic advice on agreements for both customers and suppliers for cloud computing solutions, a full range of network and other telco services, and software development projects (using both agile and waterfall methodologies).

Amy's experience also extends to a wide range of general commercial agreements, such as strategic alliances, franchise agreements, IP transfer, licensing and exploitation agreements, publishing agreements, data licensing agreements, reseller and distribution arrangements and customer terms (including drafting online terms and privacy statements and policies and advising on consumer law issues related to such terms and compliance with the unfair contract terms regime).

Amy has a particular interest in how technology contracts can be crafted to support and promote project success. She is a regular speaker on issues such as risk allocation and ICT project failure.

Prior to joining Buddle Findlay in 2010, Amy worked at Slaughter and May in London.

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Details

CPD Hours: 1.50hr

Pricing Details

Ticket Price

Member: $155 GST
Non-Member: $220 GST






This On Demand includes the video and materials, and will earn CPD. 

Click here to access materials only.

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