Contract and Commercial Law Act 2017

Contracts legislation - Contractual mistakes

27: Mistake caused by party seeking relief

You could also call this:

“When you make a mistake in a contract, the court looks at how much it was your fault”

If you want to fix a mistake in a contract, the court will look at how much you caused the mistake. This is important when the court decides if they will help you fix the mistake. The court will think about this along with other things when they make their choice. If you caused the mistake, it might be harder to get help to fix it. The court will look at this carefully before they decide what to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844082.


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26: Decision to enter into contract not influenced by mistake if party aware of it, or

"You can't claim a mistake if you knew about it before signing the contract"


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28: Nature of relief, or

"Explaining how a court can fix problems with contracts"

Part 2 Contracts legislation
Contractual mistakes

27Mistake caused by party seeking relief

  1. The extent to which the party seeking relief (or the party through or under whom relief is sought) caused the mistake is one of the considerations that must be taken into account by the court in deciding whether to grant relief under section 28.

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