Almost everyone in daily life enters into a number of contracts each day. These may be major contracts (such as international commercial dealings) or they may be minor contracts (such as the agreement to purchase goods at a price from a supermarket). Many New Zealanders are involved in contracts relating to the sale and purchase of land and many are involved in contracts relating to the sale and purchase of motor vehicles. These are but a few examples.
Questions arise in contracts including:
- What were the express terms of the contract?
- If there is any ambiguity or argument, what is the meaning of those terms?
- Were there oral or written terms and, if so, which prevails in the event of conflict?
- Are there any terms to be implied in the contract that the parties have not expressly addressed?
- Does one party claim that the other made some misrepresentation about a matter of fact which induced the contract and has caused loss?
- Has there been any mistake made by either or both parties to the contract which qualifies for some relief under the Contractual Mistakes Act 1977?
- Has there been a breach by one party to the contract of an express or implied term of the contract and if so what is the remedy for that breach? Cancellation of the contract, and/or suing for specific performance or damages are possibilities that may need to be explored.
- Is the contract in any way illegal so as to entitle one party to relief?
These are but some of many questions arising in the course of contract law and our members are well trained and experienced to give advice on these and assist in resolving such disputes. There may be damages that flow from the breach of contract; there may be specific performance of the contract required by a party; there may be other consequences which require an injunction to be sought from the Court.
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