2 Apr 2019
CLARK v RURAL LIVESTOCK LTD [2019] NZHC 671
- Citation
- [2019] NZHC 671
- Court
- High Court
The defendant is liable because its agent, John Williams, had apparent authority to arrange purchases and related leasing/recording services and the defendant, through its systems and by holding out agents, is responsible for failures to identify, deliver or account for stock; the exclusion clause could not exclude liability for total non‑performance or the misleading conduct found; plaintiffs proved contractual breach and FTA misleading conduct causing quantifiable loss, subject to mitigation which reduced some remedies to reliance measures.