A referendum on Te Tiriti o Waitangi would be corrosive and unfair, writes Dame Anne Salmond, but there is room for a new government to initiate a mana-enhancing inquiry into recent interpretations of the treaty
There are two versions of the mortgage contract, both drawn up by the bank, but slightly different.
In your version there is the right to have your vote and decide that the mortgage is no longer valid.
In the banks version the clause is the same, but for the small difference in wording, that means that the bank has to also vote the same way.
The bank is only really interested in its version as it has various advantages for them, the complication is that you only signed your version and the bank signed their version.
In modern contract law, this couldn’t happen, there is only one valid contract…but the complication lies in the fact that we are talking about a situation long in the past and we cannot correct the contracts.
Using your example:
There are two versions of the mortgage contract, both drawn up by the bank, but slightly different.
In your version there is the right to have your vote and decide that the mortgage is no longer valid.
In the banks version the clause is the same, but for the small difference in wording, that means that the bank has to also vote the same way.
The bank is only really interested in its version as it has various advantages for them, the complication is that you only signed your version and the bank signed their version.
In modern contract law, this couldn’t happen, there is only one valid contract…but the complication lies in the fact that we are talking about a situation long in the past and we cannot correct the contracts.