New Zealand Contract and Commercial Legislation (2013 edition)

New Zealand Contract and Commercial Legislation (2013 edition)
Author: CCH New Zealand Ltd
Publisher: CCH New Zealand Limited
Total Pages: 1929
Release: 2013-07-01
Genre: Law
ISBN: 1775470040

An ideal resource for lawyers, commercial advisers, business people and students, this new edition has been consolidated to 1 January 2013. It contains all the necessary contract and commercial legislation, along with comprehensive history notes and indexing.

Introduction to New Zealand Commercial Legislation (2013 edition)

Introduction to New Zealand Commercial Legislation (2013 edition)
Author: CCH New Zealand Ltd
Publisher: CCH New Zealand Limited
Total Pages: 353
Release: 2013-07-01
Genre: Business & Economics
ISBN: 0864759940

Consolidated to 1 January 2013, this volume contains key contract and commercial legislation specifically selected to cater for the needs of commercial law students.

The Fair Trading ACT Handbook

The Fair Trading ACT Handbook
Author: Debbie Wilson
Publisher:
Total Pages: 601
Release: 2018-03
Genre: Consumer protection
ISBN: 9780947514341

The Fair Trading Act Handbook is a successor to Trotman & Wilson Fair Trading: Misleading or Deceptive Conduct, which focused specifically on the s9 prohibition on misleading or deceptive conduct and the remedies available for breach of that section. Its two editions have been widely used by practitioners and cited in the courts. With the introduction of a new purpose section and new provisions in 2013, and the anticipated increasing use of these and the other provisions, The Fair Trading Act Handbook provides a timely broadening of the respected commentary of its predecessor. It discusses all of the substantive provisions, as well as the civil and criminal remedies available following breach. It considers relevant cases on these provisions, and where information is available, discusses the Commerce Commissions use of more informal means of educating traders to enhance compliance through the use of compliance advice and warning letters.

Fair Trading

Fair Trading
Author: Lindsay G. S. Trotman
Publisher:
Total Pages: 378
Release: 2013
Genre: Competition, Unfair
ISBN: 9781927149423

Providing an indispensable comparative and in-depth resource, FAIR TRADING: MISLEADING OR DECEPTIVE CONDUCT 2nd edition, examines 26 years of section 9 case law and distils the consequent principles from the Fair Trading Act 1986. The authors explore the key elements of an action under section 9: namely that there is "conduct" "in trade" that is "misleading or deceptive". The authors then consider examples of potentially misleading or deceptive conduct: including nondisclosure of information, opinions and advice, laudatory statements, predictions and promises. The second part of the book covers procedural aspects, liability as a party or principal under the Fair Trading Act 1986, and its defences. Finally, remedies for a breach, including injunction, damages, and miscellaneous additional remedies found in section 43 are reviewed. As knowledge about and expertise in fair trading actions has become an integral and daily part of commercial law FAIR TRADING: MISLEADING ORDECEPTIVE CONDUCT 2nd edition will become the essential resource for commercial lawyers, litigators and students.

Family Law Policy in New Zealand

Family Law Policy in New Zealand
Author: M & ATKIN HENAGHAN (B.)
Publisher:
Total Pages:
Release: 2019-11
Genre:
ISBN: 9780947514969

Family Law Policy in New Zealand considers family law as a whole, from the definitions of 'family', through to context, goals, aspirations and judicial outcomes. Since the 4th edition was published in 2013, family law has undergone significant legislative change. Included in this edition is commentary on the changes recommended by the independent panel on family justice and the Law Commission on relationship property reform. As well as discussion of the Family Violence Act 2018, Child Poverty Reduction Act 2018 and amendments to the Oranga Tamariki Act 1989. The leading family law commentators in New Zealand have again provided insightful and authoritative essays, suitable for use in policy, study and practice.

Contract Law Minimalism

Contract Law Minimalism
Author: Jonathan Morgan
Publisher: Cambridge University Press
Total Pages: 314
Release: 2013-11-07
Genre: Law
ISBN: 110747020X

Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Contract Law in New Zealand

Contract Law in New Zealand
Author: Stephen Todd
Publisher: Kluwer Law International B.V.
Total Pages: 200
Release: 2017-10-20
Genre: Law
ISBN: 9041189319

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in New Zealand covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in New Zealand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Law of Contract in New Zealand

Law of Contract in New Zealand
Author: John Frederick Burrows
Publisher:
Total Pages: 960
Release: 2012
Genre: Contracts
ISBN: 9781927149546

The fourth edition of Burrows, Finn and Todd's Law of Contract provides definitive coverage of the law of contract in New Zealand. The clarity and the comprehensive nature of the discussion make this book the first point of reference for the legal practitioner, the law student, and all who are interested in this core field of law. This latest edition maintains and builds upon the exemplary standards set by its predecessors. The fourth edition includes many new and significant cases. Examples include: Nielsen v Dysart Timbers Ltd (2009) (lapse and termination of offers); Vector Gas Ltd v Bay of Plenty Energy Ltd (2010) and Wholesale Distributors Ltd v Gibbons Holdings Ltd (2008) (use of prior negotiations and subsequent conduct in the interpretation of contracts); Attorney-General of Belize v Belize Telecom Ltd (2009) (implication of terms); Tercon Contractors Ltd v British Columbia (2010) (exclusion of liability); Laidlaw v Parsonage (2010) (privity of contract); Sunset Terraces (2011) (privity and third party claims in negligence); Gustav and Co Ltd v Macfield Ltd (2008) (unconscionable bargains); S B Properties Ltd v Holdgate (2011) (assignment of the burden of a contract); Ingram and Knee v Patcroft Properties Ltd (2011) and Mana Property Trustees Ltd v James Development Ltd (2010) (cancellation of contracts); Golden Strait Corporation v Nippon Yusen Kubishika Kaisa (2007) (damages); and Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) (2009) (remoteness of damage). New legislation also has been enacted. In particular, chapter 8 has been substantially revised in the light of the requirements of the Property Law Act 2007; and the discussion of limitation of actions in chapter 21 now includes the provisions of the Limitation Act 2010. All of the chapters have been revised and updated to take account of these and other developments. Examples where there have been recent and helpful decisions include the discussions of certainty of contract, of conditional contracts after Steele v Serepisos, of misrepresentation and the Fair Trading Act, and of undue influence in the light of Royal Bank of Scotland v Etridge.