| 词条 | Schmidt v Holland |
| 释义 |
}}{{Infobox court case | name = Schmidt v Holland | court = High Court of New Zealand | date_filed = | image = Coat of arms of New Zealand.svg | date decided = 20 December 1982 | full name = Schmidt v Holland | citations = [1982] 2 NZLR 406 | judges = Hardie Boys J | prior actions = | subsequent actions = | opinions = | transcripts = | Keywords = }}Schmidt v Holland [1982] 2 NZLR 406 is a cited case in New Zealand regarding the issue of notice of cancellation of a contract, where a contract has been breached.[1][2] BackgroundThe Schmidts agreed to purchase the Holland's property. Later, the Schmidt's decided to buy someone else's property, and as a result the Schmidt's indicated to the Hollands, that they did not plan to purchase their property. As a consequence, the Holland's treated their sales contract as being cancelled, and later sold their property to a 3rd party, and sued the Schmidts for the loss in the resale. The Schmidts disputed liability, on the basis that as the Hollands had not actioned the formality of informing them that they had accepted their repudiation of the contract, they could not treat the contract as legally cancelled. DecisionThe High Court ruled that as the Schmidt's were not formally advised by the Holland's that they had cancelled the contract, they were not liable for the loss on resale. At the same time, a sympathetic Hardie Boys J stated "The result is hard on the Hollands, for they were not at fault, and their position could so easily have been protected". Footnote: The courts have subsequently shown willingness to avoid such rulings, such as in Chatfield v Jones (1990) 3 NZLR 285 References1. ^{{cite book |title=An introduction to the Law of Contract in New Zealand |edition=4th |last1=Chetwin |first1=Maree |last2=Graw |first2=Stephen |last3=Tiong |first3=Raymond |publisher=Thomson Brookers |ISBN=0-86472-555-8 |year=2006 |page={{page needed|date=January 2014}}}} {{NewZealand-case-law-stub}}2. ^{{cite book |title=Butterworths Student Companion Contract |edition=4th |last1=Walker |first1=Campbell |publisher=LexisNexis |ISBN=0-408-71770-X|year=2004 |page=201}} 4 : High Court of New Zealand cases|New Zealand contract case law|1982 in case law|1982 in New Zealand law |
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