When a Contract Goes Wrong: Repudiation, Cancellation and Remedies (2024) (On Demand)

This On Demand was originally recorded on 26 November 2024.

While many contracts proceed as intended, there is the potential for things to go awry. When market conditions change, one party may decide that they no longer want to, or cannot, meet their obligations under the contract. For example, perhaps exacerbated by the current economic climate, we are seeing issues arising with agreements for the sale and purchase of property (particularly off-the-plans), and with long-term contractual arrangements such as supply agreements, leases, and franchises. Accordingly, it’s useful to be clear about when an entitlement to cancel arises, which legislative provisions apply, what options the innocent party has, and the remedies available.

In this On Demand, Paul Dalkie and Jane Glover will provide information and insights, with reference to examples and case law, to assist you to advise clients on either side of a ‘contract gone wrong’.

Learning Outcomes

Refresh your knowledge of the circumstances in which an entitlement to cancel arises.
Boost your understanding of key legislative provisions, such as what amounts to repudiation, and when a misrepresentation or breach gives rise to a right to cancel.
Delve into the critical election between cancellation and affirmation and the repercussions of each.
Become updated on the subject of remedies, and aware of how economic circumstances might affect your advice and the remedy options for your clients.
Benefit from an update on principles in current leading cases.

Who Should Watch?

All lawyers who have involvement with contracts – property, commercial and civil.

Presenters

Paul Dalkie, Barrister

Jane Glover, Barrister, Sangro Chambers

Paul Dalkie

Paul Dalkie has practised as a barrister for more than 24 years in New Zealand and Australia. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister he practised as a solicitor in Queensland for more than 8 years including at two global firms Blake Dawson Waldron (now Ashurst) and Cannan & Peterson, Sly & Weigall (now Norton Rose Fullbright).

He has appeared and argued cases and conducted trials and appeals at all Court’s levels, including the Privy Council.

His practice has particular emphasis on contract disputes of all kinds, and corporate law, especially insolvency and shareholders and directors disputes.

He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia.

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Jane Glover

Jane appears regularly before IPONZ and in court proceedings in relation to intellectual property matters. She was an Assistant Commissioner with IPONZ from 2013 to 2019, hearing patent and trade mark cases. She is a member of the Domain Name Commissioner's panel of Experts, and Deputy Chair of the Copyright Tribunal. She is also an Independent Adjudicator for two WHO Codes.

Jane regularly presents seminars on intellectual property matters and is an author of the copyright section of the leading text Intellectual Property Law published by LexisNexis New Zealand. She is also a contributing author to the text Therapeutic Jurisprudence (2015) and is a member of the IP Committee of the New Zealand Law Society.

Jane is recommended by Doyles Guide for intellectual property, technology, media and telecommunication law matters in New Zealand.

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Details

CPD Hours: 2.00hr

Pricing Details

Ticket Price

Member: $195 GST

Non-member: $275 GST