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Walmsley v Christchurch City Council - [1990] 1 NZLR 199

$30.00

High Court Wellington
3, 4 August; 29 September 1989
Hardie Boys J
Contract — Undue influence, unconscionable bargain and duress — City Council entered into contract with plaintiff to produce souvenir programme for Jubilee — Shortly before Jubilee, Council rejected programme because of substantial typographical and grammatical errors — Second agreement as to reprinting costs was signed by parties in situation of urgency where plaintiff was required to make a choice between two unattractive options — Whether Council was justified in cancelling first contract — Whether plaintiff was under undue influence of Council in signing second contract — Whether second contract was an unconscionable bargain — Whether plaintiff signed second contract under economic duress — Whether second contract was binding on the plaintiff.
Contract — Formation — Heads of agreement — Parties signed heads of agreement which contained clause that it would be confirmed by legal agreement to be prepared by solicitor — No confirmatory agreement was signed — Whether heads of agreement was conditional on completion of confirmatory agreement — Whether heads of agreement was binding on parties.

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