Papers

Home

Papers on Interpreting Commercial Contracts

The Principles of Contractual Interpretation
Business As Usual

Both last year and the year before, this presentation focussed on what had become an ongoing controversy concerning the principles of law that should be applied to the exercise of construing a contract
Read more>

The Construction of Commercial Contracts - The Need for Simple Principle

Every appeal on a commercial matter which goes to the Privy Council is seized upon by those who wish to retain the Privy Council as our final appeal court to show that we need the Privy Council to bring good sense to commercial law.
Read more>

Construing Commercial Contracts - The Background, The Purpose or the Words?

Since this conference last year our courts have continued with their regular work of interpreting commercial bargains. The efficient despatch of that work is of vital importance if the courts are to serve the needs of parties to commercial...
Read more>

The Construction of Commercial Contracts

At law school the young lawyer learns about many aspects of contact law - offer and acceptance, the consequence of mistake and misrepresentation, the effects of illegality, the various discretionary powers under our contractual statutes,...
Read more>

Papers on Drugs and Sport

The hearing of sporting disputes - a quiet revolution?

A period of about 15 years has passed since the Legal Research Foundation last held a seminar dealing with legal issues affecting sport. The topics covered in that seminar - anti-doping regimes, employment contracts, the conduct of disciplinary hearings by sporting tribunals - still produce a range of legal issues…. Read more

Drugs in Sport - Recent developments in a fast changing area

A long way in a short time - Anti-doping has come a long way in a short period of time - the WADC 2003 contractual scheme (supported by UNESCO Convention against Doping in Sport at State level, currently 120 ratifications) has created harmony and consistency…..Read more

The World Anti-Doping Code - The Fight for the Spirit of Sport

The World Anti-Doping Code (“WADC”) represents a significant step towards a consistent harmonised approach to the handling of doping violations in sport worldwide. The WADC seeks to preserve what is intrinsically valuable in sport... Read more>

Papers on Maritime Law

Sentencing in marine pollution prosecutions

Offence provisions - dumping, discharge of harmful substances or contaminants, ships or offshore installations.... Read more

Developments in Maritime Law

While the New Zealand courts have not been particularly busy with maritime cases in the last couple of years, the international nature of maritime law means that there have been a significant number of decisions in other jurisdictions...
Read More>

The Role of the Expert in Maritime Law - An Outline of Legal and Practical Considerations

This paper provides a short outline of the key legal and practical considerations concerning the preparation and presentation of expert opinion evidence. The points are of general application and will arise in maritime disputes where experts are instructed, just as they do in many other fields...
Read More>