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Contract and Commercial Law Act 2017

Contracts legislation - Contractual remedies - Cancellation

40: Sections 36 to 39 have effect in place of rules of common law and of equity

You could also call this:

“New rules replace old ones for cancelling contracts”

The law says that sections 36 to 39 replace the old rules about when you can cancel a contract. These old rules were called common law and equity rules. The new rules in sections 36 to 39 cover situations where someone might want to cancel a contract because of misrepresentation, repudiation, or breach. This means if someone lied about something important, refused to do what they promised, or broke the agreement in some way.

This change applies to most situations, but there might be some exceptions. If another part of this law says something different, then that specific rule would apply instead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844107.

Topics:
Business > Fair trading Money and consumer rights > Consumer protection
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39: Parties with substantially same interest, or

"Court decides if you can cancel a contract when someone else misbehaves"

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41: When cancellation may take effect, or

"Cancelling a contract: When it starts to count"

Part 2 Contracts legislation
Contractual remedies: Cancellation

40Sections 36 to 39 have effect in place of rules of common law and of equity

  1. Sections 36 to 39 have effect in place of the rules of the common law and of equity governing the circumstances in which a party to a contract may rescind it, or treat it as discharged, for misrepresentation, repudiation, or breach.

  2. This section applies except as otherwise expressly provided in this subpart.

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