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High Court Wellington
5 September; 26 October 1995
Barker J
5 September; 26 October 1995
Barker J
Contract — Interpretation — Collateral contract — Franchise agreement — Whether representation contained in a brochure promoting sale of a franchise constituted a contract collateral to the franchise agreement.
Commercial law — Fair Trading Act — False and misleading conduct — Whether representations made in a brochure attracting prospective franchisees amounted to continuing statements constituting false and misleading conduct — Fair Trading Act 1986, s 9.
Commercial law — Commerce Act — Franchise agreement — Whether terms of a franchise agreement limiting the franchisee to purchasing of goods from nominated suppliers only was an exclusionary provision — Commerce Act 1986; s 29.