Hot Contract Issues: Mistakes, Termination and Unfair Provisions
Issues covered include: misrepresentation, termination, unconsionability, unfair contract protections
Description
With the outbreak of COVID19 many companies now face the inability to perform their contractual obligations. What does this mean for your clients and what contractual provisions are available to protect them from the obvious fall out. What contractual provisions may now be relied upon to deal with this inability to perform? This programme will deal with the latest contractual issues, rights and risks.
Attend and earn 3 CPD hours
Chair: Penny Bower. Head of Legal, Waste Management NZ Limited
1.00pm to 2.00pm: Misrepresentation and Contractual Mistakes
- What are they?
- How can they be dealt with at law?
- Practical tips
- Recent cases
Presented by Tim Herbert, Barrister, High Street Chambers
2.00pm to 3.00pm: Terminating a Contract in the Current Commercial Landscape: Clauses and Risks
- What rights do you have to terminate a contract?
- How do you actually terminate a contract?
- What are your rights and remedies?
- What are the key risks you need to watch out for?
Presented by Anton Trixl, Partner, Anderson Lloyd
3.00pm to 4.00pm: Unconscionability and Unfair Contract Protections Reforms
- The proposed prohibition in the Fair Trading Act on unconscionable conduct: What conduct will be caught?
- Extension of the unfair contract terms regime to B2B contracts: What terms will create risk?
- Enforcement experience to date on the equivalent prohibitions in Australia
- Practical tips in readiness for these prohibitions arriving in NZ
Presented by Bradley Aburn, Senior Associate, Russell McVeagh
Learning Objectives
- Gain a more thorough understanding of misrepresentation and contractual mistake
- Be updated on unconscionability and unfair contract protections
- Identify strategies and potential risks when terminating a contract