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Contract and Commercial Law Act 2017

Sale of goods - Formation of contract - Conditions and warranties

134: Impossibility or other excuse

You could also call this:

“When you can't keep a promise for a good reason”

The law says that there are times when you don’t have to follow through on a promise or agreement. This can happen if it’s impossible to do what you said you would do, or if there’s another good reason why you can’t do it. Even though there are rules about keeping promises in sections 132 and 133, these rules don’t apply when the law says it’s okay not to do something because it’s impossible or for another valid reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844325.

Topics:
Business > Fair trading Money and consumer rights > Consumer protection
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133: Breach of condition to be fulfilled by seller, or

"What happens when a seller breaks a promise in a sale"

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135: Implied condition and warranties as to title and quiet possession, or

"The law says sellers must own what they sell and you can use it without problems"

Part 3 Sale of goods
Formation of contract: Conditions and warranties

134Impossibility or other excuse

  1. Sections 132 and 133 do not affect a situation where the fulfilment of a condition or warranty is excused by law because of impossibility or otherwise.

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