The New Zealand Law Journal: NZLJ.Butterworths, 2000 - Law |
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Page 156
... contract cannot be assigned . The effect of this rule is that in the absence of novation the assigning party still ... contract may be enforced as if the assignee were a party to the contract and , although this question did not come ...
... contract cannot be assigned . The effect of this rule is that in the absence of novation the assigning party still ... contract may be enforced as if the assignee were a party to the contract and , although this question did not come ...
Page 195
... contract ] recognise contrac- tual consent as the primary source of civil obligation and restrain the Courts ' power to impose obligations on citizens by ... CONTRACT Freedom from contract? Ray Mulholland on formalism, fairness efficiency.
... contract ] recognise contrac- tual consent as the primary source of civil obligation and restrain the Courts ' power to impose obligations on citizens by ... CONTRACT Freedom from contract? Ray Mulholland on formalism, fairness efficiency.
Page 197
... contract theory . But on the other hand the modern development , so far , especially in the higher Courts , has been extremely cautious . Somers J in Moffat v Moffat [ 1984 ] 1 NZLR 600 , 606 , clearly spelt out the ad hoc complexion of ...
... contract theory . But on the other hand the modern development , so far , especially in the higher Courts , has been extremely cautious . Somers J in Moffat v Moffat [ 1984 ] 1 NZLR 600 , 606 , clearly spelt out the ad hoc complexion of ...
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accepted action adopted agreement allow application approach arbitration authority benefit Bill breach cause claim client Commission common concerned conduct considered continuing contract costs counsel Court of Appeal criminal decision defendant determination direct discussion duty effect employers employment established evidence example existence expectation fact further give given held High Court important income intention interest interpretation involved issue Judge judgment justice lawyers leave legislation limited Lord matter means mediation ment nature noted NZLR object obligation offending organisation particular parties person plaintiff police position possible practice present principle privilege procedure proceedings professional proposed protection question reason received referred relation relevant respect response result rule statutory tion tort trial trust Zealand