DoctorMatthew Barber

Trust Arbitration and Its Limits under International Arbitration Law

Filling the gaps: unsubstantiated representations

Contract Law

Frustration, force majeure, and consumer protection in the wake of COVID-19

TAKE IT OR LEAVE IT: THE UNFAIR RESILIENCE IN PAYDAY LENDING

Shall New Zealand continue to swim against the tide? A discussion on a general good faith obligation in the performance of commercial contracts in New Zealand

Should the court in New Zealand employ the cost of cure or loss of value measure when compensating an innocent party for their loss of expectation resulting from a breach of contract?

The Fair Trading Act could take the ‘settle’ out of settlement clauses: Does a full and final settlement agreement contemplate finality or does scope for future claims remain open?

Determining what’s fair: a theoretical analysis of the New Zealand standard of fairness for defining unfair terms in standard form consumer contracts.

Should supervening falsification amount to actionable misrepresentation: or is that a mistake?

Should the reasonable expectation test be adopted by statute in order to determine whether silence constitutes misleading or deceptive conduct as per s 9 of the Fair Trading Act 1986?

THE PENALTY DOCTRINE: THE APPROPRIATE APPROACH FOR NEW ZEALAND

When does time start to run? The application of New Zealand’s limitation legislation to proceedings arising out of material damage insurance claims from the Canterbury Earthquakes.

Criminalisation of cartels

Adoption of the undiluted version of Lord Hoffman’s interpretation approach to the implication of terms and fact into contract

Is the current state of the doctrine of frustration satisfactory: should we reform?

Penalty clauses

Recovery for Non-Pecuniary Loss – 30 Years of Limited Statutory Recovery and An Unsettled Common Law

What amounts to the assumption of risk necessary to engage s6(1)(c) of the Contractual Mistakes Act 1977?

When is unfair fair? An analysis of the use of balancing terms to unilateral variation clauses in consumer contracts.

Novation in Disguise: The Savvy Vineyard cases

Recent developments in the penalties doctrine

Terms, Conditions and Exploitation: To What Extent Can Companies Unilaterally Change Consumer Contracts?

Unearthing the guidelines, principles and limitations of s 43 orders under the Fair Trading Act

When the ships hit the fan: carrier liability issues under international multimodal contracts for carriage