FAQ’s

We are often asked questions that are of interest to many of our clients. These questions cover many areas of law. We have included some of the questions and answers for your benefit.

Why do I need to use a lawyer?

You need a lawyer because at Barter Law we can provide objective advice and represent you in private dispute, or against the State. The knowledge and experience that a lawyer can bring is invaluable and the benefits of having a lawyer should never be under estimated. Lawyer play an important role in ensuring justice is met and your interests are protected as far as possible.

Do I have to pay for a lawyer?

At Barter Law, the majority of our clients are private clients that pay our fees at an agreed rate. However, we also provide legal services in the areas of civil, family and criminal law through the New Zealand Legal Aid system. Call us to either discuss our rates or the possibility of us representing you through Legal Aid.

I want to win, does Barter Law guarantee results?

At Barter Law we pride ourselves on achieving excellent results for our clients. Some situations may be unwinnable and the best course of action is risk mitigation. However, if you have a strong case and your prospects of success are good, then Barter Law will work with you to ensure you achieve a successful result.

Sale and Purchase Agreements clause for Settlements during the Covid-19 pandemic.

The parties agree that settlement is hereby deferred to the 10th working day after the Government reduces the Covid-19 Level to Level 2 or below, or to such other date as may be mutually agreed. For the sake of clarity neither party shall have any claim against the other in relation to this deferral.

Is the Covid-19 Alert Level 4 a Force Majeure event?

COVID-19 Level 4 will in almost every case be a “force majeure” event.

Does your contract provide force majeure protection?

The purpose of Force majeure clauses is to provide protection where performance under a contract is affected.

 

Most “Force majeure” clauses identify an epidemic or pandemic as such an event. If the particular clause (in the contract under examination) does not identify this then it may still be a Force majeure event by reason COVID-19 was and is –

 

  • Unforeseeable
  • Outside of a either party to the contract control
  • Could not have been avoided or overcome,
  • Causing a party to be unable to perform their contractual obligations.

 

Whilst COVID-19 was unforeseeable it could be argued it became a foreseeability event from the time of its outbreak (in New Zealand).

 

It follows that if you enter into a contract now that Level 4 COVID applies that it is a foreseeable event. If the contract was made before COVID-19 then the position is relatively clear, namely –

 

  • Parties should try to mitigate their loss
  • The time for supply or performance of the contract should be extended (for a reasonable time)
  • Where mitigation and/or extension of time is not possible an affected party
  • Will be relieved from the obligation to perform the contract

For more detailed information on our legal services

 

Please contact Barter Law

 

Email: [email protected] or

Phone 09 415 0000

 

Or complete the short form on our contact page and we will be in touch.

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