Add to ORKGThis article critically analyses two New Zealand Court of Appeal decisions involving a change of position defence created by s 94B of the Judicature Act 1908 and the common law change of position defence. Aspects of the reasoning in these cases are controversial (both within New Zealand and internationally). The article critically examines these cases and, after developing a comparison with the change of position defence as developed by the American Law Institute, suggests how these cases give a new insight into the operation of this defence
The common law provides a defence in situations where the offender is morally blameless. The defence...
The well-documented Wool Board Disestablishment Co v Saxmere Co litigation thrust the often dormant ...
This article considers the private-law doctrines of duress, undue influence and unconscionable deali...
This article critically analyses two New Zealand Court of Appeal decisions involving a change of pos...
The article examines an innovative suggested rationale for change of position – namely that the clai...
The recent decision in RBC Dominion Securities Inc.v. Dawson\u27 raises some interesting questions r...
This article argues that, contrary to the position taken by some judges and commentators, morally bl...
Peer reviewed: TrueThe recent decision of the Hong Kong High Court (the ‘HKHC’) in Credit One Financ...
New Zealand’s accident compensation scheme replaced compensatory damages for personal injury with a ...
This article questions the application of the change of position defence in the context of an ultra ...
The traditional rule at common law precluded restitution for payments made by mistake where the paye...
This thesis sets out to provide a deep analysis of the mechanisms for review of convictions in New Z...
An award of damages in lieu of an injunction can have vast and far-reaching consequences. It can und...
New Zealand has had 12 years of experience with an unentrenched Bill of Rights. This article conside...
This paper addresses the effect of the New Zealand Bill of Rights Act 1990 (NZBORA) in disputes betw...
The common law provides a defence in situations where the offender is morally blameless. The defence...
The well-documented Wool Board Disestablishment Co v Saxmere Co litigation thrust the often dormant ...
This article considers the private-law doctrines of duress, undue influence and unconscionable deali...
This article critically analyses two New Zealand Court of Appeal decisions involving a change of pos...
The article examines an innovative suggested rationale for change of position – namely that the clai...
The recent decision in RBC Dominion Securities Inc.v. Dawson\u27 raises some interesting questions r...
This article argues that, contrary to the position taken by some judges and commentators, morally bl...
Peer reviewed: TrueThe recent decision of the Hong Kong High Court (the ‘HKHC’) in Credit One Financ...
New Zealand’s accident compensation scheme replaced compensatory damages for personal injury with a ...
This article questions the application of the change of position defence in the context of an ultra ...
The traditional rule at common law precluded restitution for payments made by mistake where the paye...
This thesis sets out to provide a deep analysis of the mechanisms for review of convictions in New Z...
An award of damages in lieu of an injunction can have vast and far-reaching consequences. It can und...
New Zealand has had 12 years of experience with an unentrenched Bill of Rights. This article conside...
This paper addresses the effect of the New Zealand Bill of Rights Act 1990 (NZBORA) in disputes betw...
The common law provides a defence in situations where the offender is morally blameless. The defence...
The well-documented Wool Board Disestablishment Co v Saxmere Co litigation thrust the often dormant ...
This article considers the private-law doctrines of duress, undue influence and unconscionable deali...