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2954 items matching your search terms

  5. ADH v ZWS [2011] NZDT 169 (28 June 2011) [PDF, 95 KB]

    Cancellation of contract / Contractual Remedies Act 1979 / Respondent developed a static website for Applicant’s gardening business / Applicant subsequently requested change and agreed to a dynamic database-driven website / Applicant paid with three cheques but after the first was banked he cancelled the second and third / Applicant claimed refund of the first cheque paid / Held: parties did verbally agree to alter the scope of contract at the new price / if Applicant had not agreed to the more expensive site he would not have written out the cheques / protection under s 31(1) Consumer Guarantees Act 1993 extends only to circumstances where price has not been discussed / parties had agreed on price / website was a database-driven site with reasonable functionality / Applicant’s cancellation of cheques and refusal to proceed amounted to repudiation / Respondent entitled to cancel and claim relief under ss 7(2) and 9(2)(b) Contractual Remedies Act 1979 / but Tribunal unable to award debt…
  8. ADP Ltd & JL Insurance Ltd v ZWK [2011] NZDT 153 (16 June 2011) [PDF, 77 KB]

    Contract / Sale of Goods Act 1908 / Applicant purchased chainsaw from Respondent on Trade Me / chainsaw would not start and so returned it for a replacement / Respondent repaired it, further damaging it / Applicant sought to reject chainsaw and obtain refund of purchase price / Applicant bought chainsaw on basis on Respondent’s description on Trade Me and did not have opportunity to inspect it before purchase / chainsaw did not appear to have been damaged in transit / held that chainsaw was not of merchantable quality under s 16(b) Sale of Goods Act 1908 / remedy for breach of a condition is cancellation on contract / Applicant entitled to cancel contract / Respondent ordered to refund the purchase price.

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