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Contract and Commercial Law Act 2017

Contracts legislation - Minors’ contracts - Contractual capacity of minors

89: Court orders where contract was not fair and reasonable

You could also call this:

“Courts can fix unfair contracts”

If the court finds that a contract was not fair and reasonable when it was made, it can take several actions. You can ask the court to cancel the contract entirely. The court might also let you cancel the contract, but with some conditions. Another option is that the court can order someone to pay money or give back property to make things fair. The court will decide what’s best based on the situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844199.

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Part 2 Contracts legislation
Minors’ contracts: Contractual capacity of minors

89Court orders where contract was not fair and reasonable

  1. The court may, if it finds under section 87 that the contract was not fair and reasonable at the time the contract was entered into,—

  2. cancel the contract:
    1. make an order allowing the minor, on the conditions that the court thinks just, to cancel the contract:
      1. make an order for compensation or restitution of property under section 95 that it thinks just.

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