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IF SATISFIED, THEN TURN TO DAMAGES NOTES FOR DAMAGES AND RELEVANT SECTIONS ON MISREPRESENTATION s35 is supplemented by powers of cancellaon in s 36 and s 37 and the power of the court to grant relief in s 43 . DAMAGES FOR DISTRESS? → Crump v Wala suggests potenally – but may be too remote (contractual remoteness test is more stringent, meaning mental damages must be proximate s43 Power of court to grant relief (1) When a contract is cancelled by any party, the court may, if it is just and praccable to do so, make an order or orders granng relief under this secon. (2) The relief may be granted in the course of any proceeding or on applicaon made for the purpose. (3) An order under this secon may— (a) direct a party to pay to any other party the sum that the court thinks just (subject to secon 35 ): (b) direct a party to do or refrain from doing, in relaon to any other party, any act or thing that the court thinks just: (c) vest the whole or any part of any relevant property in a party: (d) direct a party to transfer or assign the whole or any part of any relevant property to any other party: (e) direct a party to deliver the whole or any part of the possession of any relevant property to any other party. CCLA 42 Eﬀect of cancellaon (1) When a contract is cancelled, the following provisions apply: (a) to the extent that the contract remains unperformed at the me of the cancellaon, no party is obliged or entled to perform it further: (b) to the extent that the contract has been performed at the me of the cancellaon, no party is, by reason only of the cancellaon, divested of any property transferred or money paid under the contract. (2) This secon is subject to the rest of this subpart. (3) Nothing in this secon aﬀects the right of a party to recover damages for a misrepresentaon or the repudiaon or breach of the contract by another party. CCLA s37 Party may cancel contract if induced to enter into it by misrepresentaon or if term is or will be breached (1) A party to a contract may cancel it if— (a) the party has been induced to enter into it by a misrepresentaon, whether innocent or fraudulent, made by or on behalf of another party to the contract; or (2) If subsecon (1)(a) applies, a party may exercise the right to cancel the contract if, and only if,— (a) the pares have expressly or impliedly agreed that the truth of the representaon or, as the case may require, the performance of the term is essenal to the cancelling party; or (b) the eﬀect of the misrepresentaon or breach of the contract is, or, in the case of an ancipated breach, will be,— (i) substanally to reduce the beneﬁt of the contract to the cancelling party; or (ii) substanally to increase the burden of the cancelling party under the contract; or (iii) in relaon to the cancelling party, to make the beneﬁt or burden of the contract substanally diﬀerent from that represented or contracted for.

LAW | 241 | Law of Contract | study guides | IF SATISFIED  THEN TURN TO DAM

Lecture 28-30: COVENANTS 1. Deﬁnions and terminology Deﬁnion A PROMISE made by a landowner to do, or not to do, something IN RELATION to his or her LAND .” Equitable interest only Covenant = EQUITABLE ONLY. CANNOT BE REGISTERED. They are NOT registered on tle but are NOTED on tle. Common Examples Common examples: o not to build over a certain height (restricve covenant) o to maintain a drain or hedge (posive covenant) Example: View Protecon a) Terminology Beneﬁt and Burden A covenant has a burden and a beneﬁt: The burden is the promise that must be performed; the beneﬁt is the right to enforce the promise.  The original pares create the covenant.  The issue that oﬅen arises with covenants is whether the successors are bound by it.  Successors are the pares to whom the original pares convey land. Beneﬁted and Burdened owner/land  Dominant tenement/owner enjoys the beneﬁt  Servient tenement/owner is subject to the burden Covenantor and Covenantee Covenantor = the person who makes the promise and ASSUMES THE OBLIGATION - “person bound” Covenantee = the person for whose BENEFIT the promise is made – “person entled” b) A covenant MAY BE EXPRESSED IN A POSITIVE WAY, YET BE NEGATIVE IN SUBSTANCE , and vice versa, e.g. 1. “To keep the grounds of the property in an open state, uncovered with buildings” is expressed in a posive way but is a NEGATIVE COVENANT ( Tulk v Moxhay , 1848) 2. “Not to allow A to be infested with rabbits” is expressed in a restricve way, but is a POSITIVE COVENANT SUMMARY : 1. What is the SUBSTANCE OF THE OBLIGATION 2. What is the ORDINARY MEANING of words used 3. Covenants limit owners’ rights so should interpret strictly & objecvely 4. What is the CONTEXT IN WHICH THE COVENANT OPERATES German v Chapman [1877] FACTS:  Covenant: “No dwelling house or other building to be erected or built on the same land, shall at any me be used or occupied otherwise than as and for a private residence only, and not for any purpose of trade.” ISSUE  Whether owner of land could use the land as a charitable instuon, housing around 100 girls who were the daughters of missionaries? JUDGMENT  Interpretaon of the covenant is based on the ordinary meaning of the words used.  When interpreng the covenant, you should bear in mind that a restricve covenant restricts the rights of the owner of the land.  Covenants restrict landowner’s rights so when LANGUAGE IS AMBIGUOUS , should HESITATE TO INTERPRET IN A WAY THAT WOULD ENLARGE THE BURDEN In this case, court found no ambiguity. Covenant clearly states land is to be used for “private residence” buildings only. Boarding house did not ﬁt in with the plain English meaning of “private “residence”. Bonnar v Summerland FACTS:  S was a developer who had purchased 9 parcels of land from council and entered into covenants that were then noted on tle, including tle on the parcel lot 9 which was 11 hectares. The other lots were normal sized.  B purchased lots 1-8.  S planned on selling lot 9 to another developer.  Each lot had a covenant that restricted the number of houses/units that could be built on the

LAW | 301 | Land | lecture notes | Lecture 28-30: COVENANTS 1. De

of what we have already looked at, talking about how when implied license is exceeded, an act becomes trespassing. In this case, the first time the police left when told, so there was no issue. But the second time they came round, they knew they had no license but continued all the same. They discuss the many different kinds of justification that can be used as an

LAW | 231 | Law of Torts | study guides | of what we have already looked

Contract 3 questions - 1 hour per question - Questions 1 and 2 involve having to choose cases to write about o Choose 2 out of a list of cases and discuss - Question 1 gives 5 cases, 1 from each of the relevant areas of law (listed on cecil announcement) o These are usually considered to be a leading case of that area of law o Possible to refer to previous cases leading up to the development of that case o 2 distinct essays - English case question might be reasonably guessed o It’s essentially a problem question o You’re asked how the identical fact scenario in this case would be decided under today’s new Zealand law o How did the decisions survived or did not survive the passing of the contract law statutes in NZ

LAW | 241 | Law of Contract | exam | Contract 3 questions - 1 hour 

LAW 201 Short Notes Human Rights Act s 21 – Prohibited grounds of discriminaon . For the purposes of this Act, the prohibited grounds of discriminaon are— (a) sex , which includes pregnancy and childbirth: (b) marital status , which means being— (i) single; or (ii) married, in a civil union, or in a de facto relaonship; or (iii) the surviving spouse of a marr

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