resolution issue - New Zealand Dispute Resolution Centre

Wilful Breaches of Contract – Do Exclusion Clauses and Liability Caps Still Work?

by Virginia Bonanni | Jan 28, 2022 | Arbitration, Mediation, NZDRC, resolution issue

Can deliberate or wilful contract breaches still benefit from clauses that limit or exclude liability? The English High Court recently considered this issue in Mott Macdonald Ltd v Trant Engineering Ltd,[1] which confirmed that clauses limiting or excluding liability...

Pandemics, lockdowns and contracts – can overseas courts give us any insight?

by Virginia Bonanni | Sep 3, 2021 | Arbitration, Conflict Management, COVID-19 Relief, Mediation, NZDRC, resolution issue

By Belinda Green. When the COVID-19 pandemic first arrived in New Zealand, there was widespread discussion amongst the legal community about the impact the pandemic and the Government “lockdowns” might have on contracts.[1] Two main avenues for obtaining contractual...

Unfair terms in consumer contracts – important changes to the Fair Trading Act 1986

by Virginia Bonanni | Aug 12, 2021 | Conflict Management, NZDRC, resolution issue

By Melissa Perkin. A 2018 Ministry of Business, Innovation & Employment (MBIE) survey of small businesses found that 45 per cent of participants considered that they had been offered unfair contract terms in the last year, and 47 per cent considered that...