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Moyes v Groves [1982, New Zealand]


  • An agreement was made to purchase
  • After 3 years, the goods had not been shipped and the vendor asked for a higher price
  • The buyer agreed to this new price
  • The buyer claimed back the difference between the old and new prices


  • Had consideration been provided by the seller for the buyer’s promise to pay more


  • Consideration provided, no recovery, claim failed


  • As the initial agreement was 3 years ago, and the contract forgotten, a new contract had been formed at the new price
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