Download This Paper'Frustration' in the Court of Appeal
15 Pages Posted: 22 Jun 2013
Date Written: June 21, 2013
Abstract
This article discusses the decision of the New Zealand Court of Appeal in Planet Kids Ltd v Auckland Council [2012] NZCA 562; [2013] 1 NZLR 485. The Court upheld the Council’s argument that its contract with the appellants had been frustrated, and therefore it was released from the obligation to render the performance it had promised, notwithstanding that it had achieved in substance everything that it set out to achieve at the time of the contract. The author argues that the case was wrongly decided.
Keywords: Contract, Frustration, Implied Terms
Suggested Citation: Suggested Citation
McLauchlan, David, 'Frustration' in the Court of Appeal (June 21, 2013). Available at SSRN: https://ssrn.com/abstract=2283094 or http://dx.doi.org/10.2139/ssrn.2283094
David McLauchlan (Contact Author)
Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )
PO Box 600
Wellington, 6140
New Zealand
Do you have negative results from your research you’d like to share?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.