Court of Appeal Wellington
17, 18 September; 5 November 1973
McCarthy P and Richmond and Beattie JJ
17, 18 September; 5 November 1973
McCarthy P and Richmond and Beattie JJ
Contract — Excuses for non-performance — Frustration — Option to purchase to be satisfied by cash or shares in a specified public company — Public company converted to private company before option exercised — Test for frustration — Contract not frustrated.
Contract — Interpretation — Implied term — Must be a term necessary to give business efficacy to contract.
Contract — Interpretation — Negotiating instruments inadmissible in construing written agreement.
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