Mr Marcus Arthur Paul Roberts
LLM (1st Class Hons) (Auckland), BA (Auckland)
After graduating from the University of Auckland Marcus practised at Minter Ellison Rudd Watts. There, he worked first in the taxation team and then in the insolvency litigation team. In 2010, he undertook an LLM by thesis at the University of Auckland. His thesis studied the recent case law from England dealing with when an employer is vicariously liable for its employees’ negligent misstatements. Since 2012 he has been a full time member of the Faculty of Law. His interests outside of university include running, reading about history, and trying to control three small children.
Research | Current
Marcus’ research interests are in contract law and aspects of tort law, mainly vicarious liability. His focus is mainly on common law developments in these areas in New Zealand, the United Kingdom and Australia.
For an up to date list of publications please see my SSRN page:
Teaching | Current
LAW 241 - Law of Contract
LAW 231 - Law of Torts
A Duty of Care for Negligent Misstatements: Comparative Analysis of Approaches in the Commonwealth
Who is in Control Here? An Analysis of the High Court’s Approach to Directors’ Duty of Care in Leaky Building Litigation
Terms Implied in Fact: Constructing an Argument for the Construction Approach
Assessing the Progression of New Zealand’s Insolvent Trading Legislation: How Best to Strike the Balance Between Facilitating Business Risk and Providing Creditor Protection
Freedom of Contract – Whose expectation is that anyway and is it reasonable?
Can we fix it? From ‘Yes we can’ to ‘No we can’t’: Examining the renaissance of a plain meaning to contractual interpretation
A Revival of the Plain meaning Approach to Contractual Interpretation in Firm PI v Zurich
A review of the Future of the Informal Unanimous Assent Rule in New Zealand Company Law
An Analysis of the Construction Contracts Amendment Act 2015 Retentions Trust Regime
The Role of the Duty of Good Faith in New Zealand Contract Law
Necessity of Consideration in Variation Contracts: An Analysis of the New Zealand and English Legal Systems
Defining the Regulatory Landscape of Virtual Currencies in New Zealand
Corporate Manslaughter in New Zealand: Waiting for a Disaster?
Putting Estop to it: An Analysis of the Legitimacy of the Unification of Equitable Estoppel, and the Equity Satisfaction Approach to Remedy Selection
Equity Crowd Funding under the Financial Markets Conduct Act 2013: A Critical Analysis of the Balance Between Investor Protection and the Encouragement of Capital Raising
The Exercise of Contractual Discretion in New Zealand: Limitations, Implied Duties and the Obligation of Good Faith
The Crowdfunding Exemption: regulating a New Form of Finance
Piercing the Corporate Veil: An analysis of Lord Sumption’s attempt to avail a troubled doctrine
Corporate Social Responsibility in New Zealand: Making the case for a practical legal framework
The Resident, The Register and the Criminal: A detailed Analysis of the Companies and the Limited Partnerships Amendment Bill 2011
Is there any basis in New Zealand for the role of a “caretaker” director?
Breach of Contract and the Scope of the Penalty Doctrine
Pre-Incorporation Contracts and the Companies Act 1993: Ratification and Other Issues
Scared of Shadows? An examination of the scope and implications of shadow directorship in New Zealand in the context of lenders
A Review of the Proposed Amendments to the Credit Contracts and Consumer Finance Act 2003
A Man Should Keep His Word: Equitable Estoppel and the Law of Contract
Reforming the Incorporated Societies Act 1908: Suggestions from New Zealand, Australia, and the United Kingdom
Associate Dean (Teaching and Learning)
Co-Director New Zealand Centre for Law and Business
Chair of the Private Law Subject Group
Areas of expertise
University Teaching and Learning Quality Committee
University Associate Deans Academic and Learning and Teaching Community
Law Faculty Management Committee
Law Faculty Executive Committee
Law Faculty Staffing Committee
Law Faculty Academic and Teaching Learning Committee (Co-convenor)
Law Faculty Staff/Student Consultative Committee (Convenor)
Selected publications and creative works (Research Outputs)
- Roberts, M. (2020). Gloria Jean's Coffee. The New Zealand law journal : NZLJ, 2020 (7), 241-245. Related URL.
- Roberts, M., & Blanchard, G. (2020). Estoppel in New Zealand: Where we're at. Paper presented at ADLS CPD Seminar, Auckland.
- Roberts, M. (2019). Equitable estoppel in New Zealand: Where are the limits?. Paper presented at Melbourne Obligations Group Contracts Conference, Melbourne, Australia. 5 December - 6 December 2019. Related URL.
- Roberts, M. (2019). Doing away with the case method: What could go wrong?. Melbourne, Australia. Related URL.
- Roberts, M. (2019). Bad advice upon bad advice: Negligent misstatement and independent inquiries in New Zealand. Torts Law Journal, 25 (3), 195-218. Related URL.
- Roberts, M. A. P. (2019). No Oral Modification clauses: a New Zealand perspective. Paper presented at Australasian Law Academics Association (ALAA) Annual Conference, Gold Coast, Australia. 4 July - 5 July 2019. Related URL.
- Roberts, M. A. (2019). Doing away with the case method: What could go wrong?. Auckland, New Zealand. Related URL.
- Roberts, M. (2019). No Oral Modification Clauses in New Zealand – Now What Do We Do?. New Zealand Universities Law Review, 29 (3), 475-500.