Super User

Super User

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Morning tea


Enforceability of click-wrap and browse wrap agreements

Online contract have become the norm, forcing the courts to re-consider the application of age-old principles of contract law. How are the courts treating online contracts?

  • The risk of clickwrap, sign-in wrap and browsewrap agreements
  • Meeting the expectations of customers and regulators
  • Implications of the Uber case (Meyer v Kalanick & Uber Technologies) for New Zealand
  • What counts as reasonably conspicuous notice of terms and conditions?
  • Lessons from Australian case: Surfstone Pty Ltd v Morgan Consulting Engineers Pty Ltd [2016]
  • How to ensure that you’re bringing incorporated terms to the contracting party’s attention
  • What does the future hold for online contracts?


Enforceability of verbal contracts - lessons from the UK

Two recent cases in the UK provide guidance on the legal standing of non-oral modification clauses in written agreements in New Zealand.

  • When can a written agreement with a non-oral modification (NOM) clause be varied verbally?
  • Implications of Blue v Ashley [2017] and Rock Advertising v MWB Business Exchange Centres for New Zealand contracts
  • Dealing with allegations of oral variations or oral collateral contracts
  • How to draft an enforceable no oral modification (NOM) clause


International contract law update

This session will discuss the intersection between New Zealand contract law with laws from other jurisdictions, as we become increasingly trade focused. 

  • GDPR and its flow on effect for NZ multi-nationals
  • Case law trends in Australian and UK courts
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