Civil and commercial litigators inevitably encounter complex and novel private law issues (contract, tort, equity, and others). While the issues bear some resemblance to those covered in the core law courses, they tend to require more in-depth and discrete analysis. Litigators must be able to engage in that analysis, often drawing together threads from several areas of private law in a single case.
The key goals of this course are to: (a) instil substantive knowledge and understanding of a selection of contemporary private law issues; and (b) equip students with the practical skills required to successfully navigate such issues in litigation practice.
The course is structured around contemporary private law issues, across contract, tort, equity, and others - but with a practical twist. Alongside cases, I will also guide you through items like submissions, hearing transcripts, or watching videos of oral arguments. You will learn how to craft effective written arguments, and how to write convincingly. The assessments include producing practical work products, like drafting a notice of appeal or a set of submissions. You will also hear directly from leading New Zealand litigators on how these issues play out in practice.
The substantive topics covered will likely include:
- Contractual discretions and the bank’s right to terminate.
- Bank’s duty to execute payment instructions.
- CCCFA and commercial lending.
- Good faith in commercial contracts.
- Economic (lawful act) duress.
- No oral modification clauses.
- Shareholder prejudice (s 174, Companies Act).
- Corporate insolvency and arbitration agreements.
- Tikanga and insolvency.
- Crypto-assets and property rights.
The final list will depend on ongoing legal developments and available materials.