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Contract and Commercial Law Act 2017

Contracts legislation - Contractual remedies

34: Remedy provided in contract

You could also call this:

“A contract's own rules for fixing problems come first”

If you make a contract that includes specific ways to fix problems like misrepresentation, repudiation, or breach of contract, those fixes will be used first. The contract’s specific rules about these issues are more important than the general rules in sections 35 to 49 of the law. This means that if your contract says how to handle these problems, you need to follow what the contract says instead of the general rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844096.

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Part 2 Contracts legislation
Contractual remedies

34Remedy provided in contract

  1. If a contract expressly provides for a remedy for misrepresentation, repudiation, or breach of contract, or makes express provision for any of the other matters to which sections 35 to 49 relate, those sections have effect subject to that provision.

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