Contract and Commercial Law Act 2017

Contracts legislation - Contractual remedies - Assignees

56: Assignee indemnified by assignor

You could also call this:

“The person giving you a contract must pay for mistakes they made or information they didn't share”

If someone transfers their rights under a contract to you, they must pay you back for any losses you suffer because of things they didn’t tell you about the contract. This includes any parts of the contract they didn’t share with you or any false information they gave you before or when they transferred the contract to you. However, you and the person transferring the contract can agree to different terms if you want to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844130.


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57: Other provisions relating to assignees, or

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Part 2 Contracts legislation
Contractual remedies: Assignees

56Assignee indemnified by assignor

  1. The assignee is entitled to be indemnified by the assignor against any loss suffered by the assignee and arising out of—

  2. any term of the assigned contract that was not disclosed to the assignee before or at the time of the assignment; or
    1. any misrepresentation that was not so disclosed.
      1. This section applies unless it is otherwise agreed between the assignor and the assignee.

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