CONTRACTS REVIEW ACT 1980 - SECT 7
Principal relief
CONTRACTS REVIEW ACT 1980 - SECT 7
Principal relief
7 Principal relief
(1) Where the Court finds a contract or a provision of a contract to have been
unjust in the circumstances relating to the contract at the time it was made,
the Court may, if it considers it just to do so, and for the purpose of
avoiding as far as practicable an unjust consequence or result, do any one or
more of the following:
(a) it may decide to refuse to enforce any or all of
the provisions of the contract,
(b) it may make an order declaring the
contract void, in whole or in part,
(c) it may make an order varying, in
whole or in part, any provision of the contract,
(d) it may, in relation to a
land instrument, make an order for or with respect to requiring the execution
of an instrument that:
(i) varies, or has the effect of varying, the
provisions of the land instrument, or
(ii) terminates or otherwise affects,
or has the effect of terminating or otherwise affecting, the operation or
effect of the land instrument.
(2) Where the Court makes an order under
subsection (1) (b) or (c), the declaration or variation shall have effect as
from the time when the contract was made or (as to the whole or any part or
parts of the contract) from some other time or times as specified in the
order.
(3) The operation of this section is subject to the provisions of
section 19.