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Butcher v Port - [1985] 1 NZLR 491

$30.00

Court of Appeal Wellington
22, 23 November 1984; 28 March 1985
Cooke, Somers and Eichelbaum JJ
Contract — Implied term — Insurance — A pedigree bull, shipped from England to New Zealand, was insured against injury by accident — Clause in policy required proof of accident to satisfaction of insurer's veterinary representative — Veterinary representative did not express himself as satisfied that the bull's injury was the result of an accident during the insurance period — Whether this was a condition precedent — Whether there was an implied term that insurer must take reasonably prompt steps to ensure that veterinary representative performed his proper function — Whether insurer was entitled to rely on the absence of the stipulated approval.

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