Des Forges v Wright - [1996] 2 NZLR 758

Contract — Frustration — Sale and purchase of business — Business consisting substantially of distribution franchise of third party's product — Closure of factory manufacturing product — Resultant loss of value of business being sold — Whether contract frustrated.

Commercial law — Fair Trading Act — Sale and purchase of business — Business consisting substantially of distribution franchise of third party's product — Closure of factory manufacturing product — Resultant loss of value of business being sold — Vendor unaware of intention to close factory — Whether vendor's conduct misleading and deceptive — Whether intent to deceive necessary — Fair Trading Act 1986, ss 9 and s 43.