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Contract and Commercial Law Act 2017

Contracts legislation - Contractual remedies - Power of court to grant relief

44: Order for relief may be subject to terms and conditions

You could also call this:

“Courts can add rules when giving relief, but can't stop people from asking for money for damages”

When a court decides to grant relief under section 43, they can add special terms and conditions to their order. This means the court can set rules or requirements that must be followed when the relief is given. The court can choose any terms and conditions they think are appropriate for the situation.

However, there’s one important rule: the court can’t include any term or condition that would stop someone from asking for money to make up for damages they’ve suffered. This means that even if the court grants relief with special conditions, people still have the right to claim compensation if they’ve been harmed in some way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844116.

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Part 2 Contracts legislation
Contractual remedies: Power of court to grant relief

44Order for relief may be subject to terms and conditions

  1. An order under section 43 may be made on the terms and conditions that the court thinks fit.

  2. However, a term or condition must not have the effect of preventing a claim for damages by any party.

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