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Hare v Hare [2018] NZDC 22341

Published 12 June 2019

Contract dispute — quote — mistake — different mistake on same facts — Contract and Commercial Law Act 2017, s 24. The plaintiff sued the trustees of his family marae for breach of contract, claiming a sum of $71,000. The plaintiff provided a quote for $71,466.00 for work to be completed on the marae. The defendants accepted part of the quote, the plaintiff's role as a machine operator, for $5,600, which they communicated to the plaintiff via text message. The plaintiff believed they were accepted the quote in its entirety. The plaintiff carried out the work and subsequently sought relief under s 24 of the Contract and Commercial Law Act. The Judge, with the assistance of expert witnesses, concluded the plaintiff was entitled to $9000 for the work done on the basis of 225 hours of work at $40 per hour. As the plaintiff had already been paid $6000, an order was made in the sum of $3000. The Judge also discouraged the parties from applying for costs as both parties had made errors in their dealings. Judgment Date: 30 October 2018.

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