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Burrows, Finn and Todd on Law of Contract in New Zealand, 6th edition (PBO)

Burrows, Finn and Todd on Law of Contract in New Zealand, 6th edition (PBO)

Jeremy Finn, Stephen Todd and Matthew Barber, 2017

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Definitive and comprehensive coverage of contract law in New Zealand


Format: Practitioner Book Online


Law of Contract in New Zealand, written by John Burrows, Jeremy Finn and Stephen Todd, was first published in 1997. This 6th edition sees for the first time a change in authorship, being written by Jeremy Finn, Stephen Todd and Matthew Barber. As always, it provides definitive coverage of the law of contract in New Zealand. The comprehensiveness, depth of analysis, and coverage and clarity of the discussion ensures that this is the first point of reference for the legal practitioner, law student and all those interested in this important field of law. This new edition comes only two years after the publication of the 5th edition in 2016. The main driver for its early arrival is the enactment of the Contract and Commercial Law Act 2017, the purpose of which is stated in section 2 as being “to re-enact, in an up-to-date and accessible form, certain legislation relating to (a) contracts; and (b) the sale of goods; and (c) electronic transactions; and (d) the carriage of goods; and (e) various other commercial matters, including mercantile agents and bills of lading”. The passing of this omnibus statute has necessitated much significant rewriting and updating of the text throughout major parts of the book. Furthermore, and quite apart from the 2017 Act, the 6th edition discusses many significant developments in the cases over the last two years. The various topics which contain new and substantial material include, in particular, contract formation, performance of existing contractual duties as consideration, terms implied in fact, electronic signatures, contractual mistake, non est factum, rectification of contracts, illegal contracts, recovery of damages by a contracting party in respect of a third party’s loss, mitigation of damage, the scope of a contracting party’s duty and the cause of loss, and the ambit of the doctrine of penalties.



• The authoritative text on contract law in New Zealand
• Written by very highly-regarded and respected authors
• Provides a detailed commentary on the common law
• Analysis and coverage is deep and comprehensive


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Jeremy Finn has recently retired from the School of Law at Canterbury where he had taught since 1978. He has published widely in the law of contract, legal history, criminal law and criminal procedure, and the law relating to natural disasters.

Stephen Todd is professor of law at the University of Canterbury and holds a fractional position as professor of common law at the University of Nottingham in England. He specialises in the law of contract and the law of torts and has written extensively in both of these fields.

Matthew Barber has taught law at the University of Canterbury since 2016 and was previously at Auckland University of Technology. He specialises in the law of contract and commercial law and has published widely in these areas.

Table of Contents

1    Historical introduction
2    Influences
3    Agreement
4    Consideration
5    Intention to create legal relations
6    Contents of the contract
7    Exclusion clauses
8    Conditional contracts
9    Form and enforceability
10    Mistake
11    Misrepresentation
12    Exploitation
13    Illegality
14    Capacity
15    Privity
16    Privity and agency
17    Assignment
18    Performance and breach
19    Discharge by agreement
20    Frustration
21    Remedies

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