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Pendergrast V Chapman
Pendergrast v Chapman 9882 NZLR 177 is a cited case in New Zealand regarding the consequences of cancellation of a contract under the Contractual Remedies Act 1979. Background Chapman agreed to purchase the Pendergrast's Epsom property for NZ$650,000, NZ$40,000 of the deposit to be paid via a post-dated cheque In banking, a post-dated cheque is a cheque written by the drawer (payer) for a date in the future. Whether a post-dated cheque may be cashed or deposited before the date written on it depends on the country. A Canadian bank, for example, is not .... The post dated cheque later dishonoured, and as a result, Pendergrast cancelled the contract and sued Chapman for the NZ$40,000 unpaid deposit. Chapman defended the claim that under the section 8(3) of the Contractual Remedies Act, once a contract is cancelled, neither party is obliged to perform the contract any further. Held The court ruled that the Act only stopped future obligations, not obligations that had alrea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Epsom, New Zealand
Epsom is a suburb of Auckland, New Zealand. It is located in the centre of the Auckland isthmus between Mount Eden and Greenlane, south of Newmarket, and five km south of Auckland CBD. Demographics Epsom covers and had an estimated population of as of with a population density of people per km2. Epsom had a population of 19,428 at the 2018 New Zealand census, an increase of 36 people (0.2%) since the 2013 census, and an increase of 1,323 people (7.3%) since the 2006 census. There were 5,904 households, comprising 9,285 males and 10,140 females, giving a sex ratio of 0.92 males per female, with 2,856 people (14.7%) aged under 15 years, 5,271 (27.1%) aged 15 to 29, 8,640 (44.5%) aged 30 to 64, and 2,667 (13.7%) aged 65 or older. Ethnicities were 47.2% European/Pākehā, 4.2% Māori, 2.9% Pacific peoples, 48.9% Asian, and 3.3% other ethnicities. People may identify with more than one ethnicity. The percentage of people born overseas was 50.3, compared with 27.1% nati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Post-dated Cheque
In banking, a post-dated cheque is a cheque written by the drawer (payer) for a date in the future. Whether a post-dated cheque may be cashed or deposited before the date written on it depends on the country. A Canadian bank, for example, is not supposed to process a post-dated cheque and if it does so by mistake, the cheque writer may ask their bank to correct the error. In the United States and the UK, post-dated cheques are negotiable instruments and can be drawn upon at any time, while in India and Australia post-dated cheques are not payable until the date written on the cheque. Practices in various countries Australia Under Australian law a post-dated cheque is valid under the Cheques and Payment Orders Act 1986. 16. (1) Where a cheque, or any indorsement of a cheque, is dated, the date shall, unless the contrary is proved, be presumed to be the day on which the cheque was drawn or the indorsement made, as the case may be. (2) A cheque is not invalid by reason only that- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dishonoured Cheque
Dishonoured cheques (also spelled check) are cheques that a bank on which is drawn declines to pay (“honour”). There are a number of reasons why a bank would refuse to honour a cheque, with non-sufficient funds (NSF) being the most common one, indicating that there are insufficient cleared funds in the account on which the cheque was drawn. An NSF check may be referred to as a bad check, dishonored check, bounced check, cold check, rubber check, returned item, or hot check. In England and Wales and Australia, such cheques are typically returned endorsed "Refer to drawer", an instruction to contact the person issuing the cheque for an explanation as to why it was not paid. If there are funds in an account, but insufficient cleared funds, the cheque is normally endorsed “Present again”, by which time the funds should have cleared. When more than one cheque is presented for payment on the same day, and the payment of both would result in the account becoming overdrawn (or b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of New Zealand Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * "Hig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1987 In New Zealand Law
File:1987 Events Collage.png, From top left, clockwise: The MS Herald of Free Enterprise capsizes after leaving the Port of Zeebrugge in Belgium, killing 193; Northwest Airlines Flight 255 crashes after takeoff from Detroit Metropolitan Airport, killing everyone except a little girl; The King's Cross fire kills 31 people after a fire under an escalator flashes-over; The MV Doña Paz sinks after colliding with an oil tanker, drowning almost 4,400 passengers and crew; Typhoon Nina strikes the Philippines; LOT Polish Airlines Flight 5055 crashes outside of Warsaw, taking the lives of all aboard; The USS Stark is struck by Iraqi Exocet missiles in the Persian Gulf; U.S. President Ronald Reagan gives a famous speech, demanding that Soviet leader Mikhail Gorbachev tears down the Berlin Wall., 300x300px, thumb rect 0 0 200 200 Zeebrugge disaster rect 200 0 400 200 Northwest Airlines Flight 255 rect 400 0 600 200 King's Cross fire rect 0 200 300 400 Tear down this wall! rect 300 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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