Now showing items 1-20 of 24

  • ACC Infects the Criminal Law? 

    Connell, Simon
    This case note critically examines an ACC appeal that decides a point of criminal law.
  • ACC Infects the Criminal Law? 

    Connell, Simon
    This case note critically examines an ACC appeal that decides a point of criminal law.
  • Accident Compensation Entitlements Under The Property (Relationships) Act 1976 

    Connell, Simon; Peart, Nicola
    This article, co-authored 50/50 with Professor Nicola Peart, an expert in relationship property law, discusses how New Zealand’s law on the division of relationship property upon separation applies to entitlements received ...
  • Accident Compensation Entitlements Under The Property (Relationships) Act 1976 

    Peart, Nicola; Connell, Simon
    This article, co-authored 50/50 with Professor Nicola Peart, an expert in relationship property law, discusses how New Zealand’s law on the division of relationship property upon separation applies to entitlements received ...
  • Admissibility or Weight? 

    Connell, Simon
    This short article is a response to another author’s piece in the same journal, and addresses the possible configurations of the law on the admissibility of extrinsic evidence for the purpose of interpreting registered ...
  • Admissibility or Weight? 

    Connell, Simon
    This short article is a response to another author’s piece in the same journal, and addresses the possible configurations of the law on the admissibility of extrinsic evidence for the purpose of interpreting registered ...
  • Chronic Pain, Physical Injury and Mental Injury 

    Connell, Simon
    This article contributes to the debate over chronic pain cover under New Zealand’s accident compensation scheme by examining the statutory definitions of “mental injury” and “physical injury”.
  • Contract Law, Contracting and Instrumentalism 

    Connell, Simon
    This essay in an edited book, which the author was invited to contribute, discusses the relationship between contract law and the practice of contracting with reference to John Gava’s critique of John Smillie’s account of ...
  • Interpretation and Implication 

    Connell, Simon
    This research article considers the difference between interpretation and implication, and the status of the Privy Council decision Attorney-General of Belize v Belize Telecom in New Zealand, in the context of an upcoming ...
  • Intrusion Upon Seclusion 

    Connell, Simon
    This case note considers the possibility of exemplary damages in cases of the then-newly recognised tort of intrusion upon seclusion.
  • Is an 'Outward Expression of Accord' Required for Rectification in New Zealand 

    Connell, Simon
    This article considers recent authority regarding whether rectification of a contract in New Zealand requires an “outward expression of accord.” The article provides a brief history of rectification, before considering ...
  • Justice for Victims of Injury: The Influence of New Zealand’s Accident Compensation Scheme on the Civil and Criminal Law 

    Connell, Simon
    New Zealand’s accident compensation scheme replaced compensatory damages for personal injury with a no-fault redistributive scheme. The central thesis of this article is that the scheme, and its influence on the civil and ...
  • New Variations on the Rule Against Penalties 

    Connell, Simon; Cathro, Sam
    As a consequence of the rule against penalties, contractual clauses with a penal character are unenforceable. The rule has recently undergone significant revision in both the United Kingdom and Australia, following decisions ...
  • Not My Doctrine? Finding a Contract Law Explanation for Non Est Factum 

    Connell, Simon
    Non est factum (Latin for "not my deed") is a common law doctrine that can allow the signer of a legal document to escape the usual legal consequences of their signature. In its early days, non est factum was available ...
  • Not My Doctrine? Finding a Contract Law Explanation for Non Est Factum 

    Connell, Simon
    Non est factum (Latin for "not my deed") is a common law doctrine that can allow the signer of a legal document to escape the usual legal consequences of their signature. In its early days, non est factum was available ...
  • Overturning the Social Contract? 

    Connell, Simon
    This short article examines the significance of Parliament’s overturn of a Supreme Court decision on the relationship between reparation and ACC entitlements.
  • Overturning the Social Contract? 

    Connell, Simon
    This short article examines the significance of Parliament’s overturn of a Supreme Court decision on the relationship between reparation and ACC entitlements.
  • Prescriptive and Holistic Contextualism: Emerging Variants of Modern Contract Interpretation 

    Connell, Simon; Connell, Simon
    Debate over the proper approach to modern contract interpretation continues even in this era of modern contract interpretation where context is always considered. This paper identifies and contrasts two rival approaches ...
  • Radical Change to the Rule Against Penalties in England 

    Connell, Simon; Cathro, Sam
    This case note, co-authored with one of my Honours students, draws attention to a significant English decision that changed the law on penal clauses in contracts.
  • Sex As An 'Accident' 

    Connell, Simon
    This case note critically examines the reasoning of a majority of the Supreme Court who found that consensual sex would not qualify as an “accident” for accident compensation purposes.