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Newmans Tours Ltd v Ranier Investments Ltd - [1992] 2 NZLR 68

$30.00

High Court Wellington
4, 5, 6, 7, 8, 11, 12, 13, 14, 15 March; 14 August 1991
Fisher J
Contract — Formation — Parol evidence rule — Circumstances in which oral agreement will form part of contract which is otherwise and seemingly exhaustively expressed in writing.
Contract — Formation — Consideration — Whether an agreement to perform an existing contractual obligation amounts to fresh consideration.
Contract — Cancellation — Effect of cancellation upon unperformed obligations and upon property rights already transferred under contract — Contractual Remedies Act 1979, s 8(3).
Contract — Remedies — Relationship between damages for breach of contract at common law and relief under Contractual Remedies Act 1979 - Whether relief based upon plaintiff's expectation of performance of contract and upon plaintiff's expenditure in reliance upon the contract may be awarded — Whether benefits accruing to cancelling party should be off-set against detriment suffered — Principles for assessment of relief under Contractual Remedies Act 1979, s 9.
Damages — Assessment — Breach of contract — Relationship between damages for breach at common law and relief under Contractual Remedies Act 1979 - Whether relief based upon expectation of performance of contract and upon expenditure in reliance upon the contract may be awarded — Whether benefits accruing to cancelling party should be off-set against detriment suffered — Principles for assessment of relief under Act — Contractual Remedies Act 1979, s 9.

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