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Contract and Commercial Law Act 2017

Contracts legislation - Minors’ contracts - Compensation or restitution

95: Compensation or restitution

You could also call this:

“Court can give you money or your stuff back if it's fair”

The court can give you compensation or return your property if they think it’s fair. This can happen when the court uses its powers under certain sections of the law. The court can help you if you’re part of a contract, if you’ve guaranteed or promised to pay for someone else’s contract, or if you’re connected to someone who fits these descriptions.

When the court decides to help, they can do different things. They might give someone ownership of property, tell someone to transfer property to someone else, or ask someone to hand over possession of property to another person.

In this law, ‘party’ means someone who is part of the legal case. ‘Relevant property’ means any real estate or personal items that were part of the contract or were used as payment for the contract.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844207.

Topics:
Money and consumer rights > Consumer protection Business > Fair trading
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Part 2 Contracts legislation
Minors’ contracts: Compensation or restitution

95Compensation or restitution

  1. The court may grant relief by way of compensation or restitution of property that the court thinks just if it—

  2. may exercise a power under sections 87 to 89 (whether or not it exercises any power under those sections); or
    1. exercises a power under section 93.

      1. The relief may be granted to—

      2. a party to the contract; or
        1. a guarantor or indemnifier under a contract of guarantee or indemnity that relates to a contract to which section 86(1) or 92(1) applies; or
          1. a person claiming through or under or on behalf of a person referred to in paragraph (a) or (b).

            1. The court may, by an order made under this section,—

            2. vest the whole or any part of any relevant property in a party; or
              1. direct a party to transfer or assign the whole or any part of any relevant property to any other party; or
                1. direct a party to deliver the whole or any part of the possession of any relevant property to any other party.

                  1. In subsection (3),—

                    party means a party to the proceeding

                      relevant property means real or personal property that was the subject of the contract or was the whole or part of the consideration for the contract.

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