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CHAPTER 7 The law on insurance warranties in New Zealand

Law of Insurance Warranties, The


Page 102

CHAPTER 7

The law on insurance warranties in New Zealand

Legislative reform of warranties and other provisions

7.1 The Contractual Remedies Act 1979 abolished the right of a contracting party to avoid a contract for misrepresentation, or to terminate a contract for breach, and replaced those remedies with a single remedy of cancellation. This has now been replaced by ss36–40 of the Contract and Commercial Law Act 2017. Subject to express contractual provisions to the contrary (s34), s36(1) of the Act provides that ‘a party to a contract may cancel the contract if, by words or conduct, another party (B) repudiates the contract by making it clear that B does not intend to –

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