Cullinane V McGuigan
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Cullinane V McGuigan
Cullinane v McGuigan is a cited case in New Zealand regarding the requirement under section 7(4)(b) of the Contractual Remedies Act 1979 that a breach of contract must be "substantial" for a contract to be cancelled, and that "substantial" was not limited to a comparison of monetary values. Background The Cullinanes in 1995 auctioned their unfinished Christchurch house, that due to matrimonial Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ... problems, had remained an unfinished shell since 1991. On the day of the auction, the auctioneer told the bidders there was a letter from the council that they should first read before bidding. McGuigan did not read the letter, and was the winning bidder at the auction for $37,000. Later, when he read the letter, which concerned defects t ...
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Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ...
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New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ...
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Contractual Remedies Act 1979
The Contractual Remedies Act 1979 was a statute of the New Zealand Parliament. It provided remedies in respect of misrepresentation, repudiation or breach of contract in New Zealand. It was repealed by the Contract and Commercial Law Act 2017. Cases * Brown v Langwoods Photo Stores Ltd * Burch v Willoughby Consultants Ltd * Cullinane v McGuigan * Gallagher v Young * Garratt v Ikeda * Hansen v Boocock * Jackson v McClintock * M E Torbett Ltd v Keirlor Motels Ltd * Mayall v Ward * New Zealand Tenancy Bonds Ltd v Mooney * Newmans Tours Ltd v Ranier Investments Ltd * Pendergrast v Chapman * Simanke v Liu * Thompson v Vincent * Wakelin v R H & E A Jackson Ltd * Worsdale v Polglase * Young v Hunt References *Francis Dawson and David W McLauchlan. The Contractual Remedies Act 1979. Sweet & Maxwell. Auckland, New Zealand. 1981Catalogue Reviewed at 41 Cambridge Law Journal 18 and 3 Oxford Journal of Legal Studies 11*Butterworths Annotations of New Zealand Statutes *Butterworths Property ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ...
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Christchurch
Christchurch ( ; mi, Ōtautahi) is the largest city in the South Island of New Zealand and the seat of the Canterbury Region. Christchurch lies on the South Island's east coast, just north of Banks Peninsula on Pegasus Bay. The Avon River / Ōtākaro flows through the centre of the city, with an urban park along its banks. The city's territorial authority population is people, and includes a number of smaller urban areas as well as rural areas. The population of the urban area is people. Christchurch is the second-largest city by urban area population in New Zealand, after Auckland. It is the major urban area of an emerging sub-region known informally as Greater Christchurch. Notable smaller urban areas within this sub-region include Rangiora and Kaiapoi in Waimakariri District, north of the Waimakariri River, and Rolleston and Lincoln in Selwyn District to the south. The first inhabitants migrated to the area sometime between 1000 and 1250 AD. They hunted moa, which led ...
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Matrimonial
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is considered a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding. Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice, and individual desire. In some areas of the world, arranged ...
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Cladding (construction)
Cladding is the application of one material over another to provide a skin or layer. In construction, cladding is used to provide a degree of thermal insulation and weather resistance, and to improve the appearance of buildings. Cladding can be made of any of a wide range of materials including wood, metal, brick, vinyl, and composite materials that can include aluminium, wood, blends of cement and recycled polystyrene, wheat/rice straw fibres. Rainscreen cladding is a form of weather cladding designed to protect against the elements, but also offers thermal insulation. The cladding does not itself need to be waterproof, merely a control element: it may serve only to direct water or wind safely away in order to control run-off and prevent its infiltration into the building structure. Cladding may also be a control element for noise, either entering or escaping. Cladding can become a fire risk by design or material. Description Cladding in construction is material applied over ...
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Solicitors
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), an ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ...
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Pearson V Wynn
Pearson v Wynn (1986) 2 NZCPR 449 is a cited case in New Zealand regarding the requirement under section 7(4)(b) of the Contractual Remedies Act 1970 that a breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party ... must be "substantial" for a contract to be cancelled. Background Pearson sold to Wynn his horticultural land for $159,000. Prior to the sale, Pearson had misrepresented that the land was fully irrigated, when in fact that the irrigation system need a further $9,500 to $10,000 spent on it. When this came to the notice of Wynn, he cancelled the contract. Pearson sued to have the contract honoured. Held The court held that whilst the $9,500 - $10,000 in costs were not substantial in itself, that the inconvenience of the work that was entailed, met the s ...
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New Zealand Contract Case Law
New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, 1995 Songs * "New" (Daya song), 2017 * "New" (Paul McCartney song), 2013 * "New" (No Doubt song), 1999 *"new", by Loona from '' Yves'', 2017 *"The New", by Interpol from ''Turn On the Bright Lights'', 2002 Acronyms * Net economic welfare, a proposed macroeconomic indicator * Net explosive weight, also known as net explosive quantity * Network of enlightened Women, a conservative university women's organization * Next Entertainment World, a South Korean film distribution company Identification codes * Nepal Bhasa language ISO 639 language code * New Century Financial Corporation (NYSE stock abbreviation) * Northeast Wrestling, a professional wrestling promotion in the northeastern United States Transport * New Orleans Lakefront Ai ...
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1999 In New Zealand Law
File:1999 Events Collage.png, From left, clockwise: The Death and state funeral of King Hussein, funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major List of school shootings in the United States by death toll, school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of Online piracy, online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed t-55, T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars ...
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