This On Demand was recorded on 6 December 2022.

What a contract means and what it will cost a party if there is a breach are fundamental matters for clients and lawyers alike. There have been legal developments in both areas. This On Demand will provide an opportunity to become updated on what’s happening in New Zealand and elsewhere with contract interpretation, implied terms and damages – and what this means for your clients.

Who should view?

All lawyers, particularly civil and commercial litigators, commercial lawyers and general practitioners.

Learning Outcomes

In respect of interpretation and implied terms:

• Gain insights into the Supreme Court’s decision in Bathurst Resources v L & M Coal Holdings Limited [2021] NZSC 85.
• Develop a better understanding of the significance of cultural differences, co-operation agreements and social context from cases such as Donglin Deng v Lu Zheng [2022] NZSC 76.

In respect of damages:

• Benefit from an overview of this area ─ what’s new and what’s changed.
• Become updated on the decisions:
• of the UK Court of Appeal in Soteria Insurance Ltd v IBM UK Ltd [2022] EWCA Civ 440 on damages and exclusions clauses; and
• of the UK Supreme Court in Triple Point Technology Inc v PTT Public Co Ltd [2021] UKSC 29 on liquidated damages clauses.
• Receive an overview of recent NZ cases: Shabor Ltd v Graham [2021] NZCA 448; Gao v Zespri Group Ltd [2021] 2 NZLR 442 and 127 Hobson Street Ltd v Honey Bees Preschool [2020] NZSC 53.

Presenter Details

Presenter

Paul David KC | Eldon Chambers

Presenter

Graham Kohler KC

Presenter

Yvonne Mortimer-Wang | Barrister, Shortland Chambers

Presenter

Kate Davenport KC