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The Contractual Mistakes Act 1977 was an Act of Parliament in New Zealand that codified into law the remedies for mistake previously available under common law. It was repealed by the Contract and Commercial Law Act 2017.
A bench of five of the Court Appeal ruled that the Contractual Mistakes Act 1977 requires that Tristar had actual knowledge of the mistake at the time, and not merely "ought to of known" of the mistake as was the old common law standard. Henry J stated "It may of course be proper for the Court to infer actual knowledge from proved circumstances ...
The court ruled that Shotter was liable for the full $100,000 due to the fact that the mistake was due to his mistaken interpretation of the extent of the guarantee, that the court was barred from granting any relief under s6(2)a of the Contractual Mistakes Act 1977.
Ware v Johnson [1984] 2 NZLR 518 is a cited case in New Zealand regarding where both parties entering into a contract make the same mistake (often referred to as a common mistake) when a contract is formed, under section 6(1)(a)(ii) of the Contractual Mistakes Act 1977. [1] [2] [3]
Contraception, Sterilisation, and Abortion Act 1977; Contractual Mistakes Act 1977; Contractual Remedies Act 1979; Conversion Practices Prohibition Legislation Act 2022;
Contractual Mistakes Act 1977; I. Insurance Law Reform Act 1977; N. Neylon v Dickens; R. Reserves Act 1977; Ross v Henderson; T. Town and Country Planning Act 1977; W.
Companies that build big, complex projects often do so on long-term contracts. If they fail to anticipate costs or control expenses in the course of those contracts, they often pay dearly. Current ...
Dennis Friedman (Earthmovers) Ltd v Rodney County Council [1988] 1 NZLR 184 is a cited case in New Zealand regarding where both parties enter into contract due to a mistake covered under the Contractual Mistakes Act 1977, that under section 6(1)(c), the risk must not have been assumed by the parties when the contract was entered into.