Mr Marcus Arthur Paul Roberts

LLM (1st Class Hons) (Auckland), BA (Auckland)

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Assoc Dean Learning & Teaching
Senior Lecturer


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

Postgraduate supervision

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

Contract Law




Committees/Professional groups/Services

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)

As of 29 October 2020 there will be no automatic updating of 'selected publications and creative works' from Research Outputs. Please continue to keep your Research Outputs profile up to date.
  • 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.

Contact details

Primary office location

1-11 SHORT STREET - Bldg 810
Level 5, Room 537
New Zealand

Web links