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Business Law in New Zealand Contents

Preface
About the authors
Acknowledgements
Table of cases


Tables of legislation
New Zealand Acts of Parliament
Delegated legislation
Table of Bills currently before the House
Standing Orders of the New Zealand House of Representatives    
Table of overseas legislation
Table of international conventions

 

Chapter 1 Introduction to the law and government
What is law?
The nature of government
The doctrine of the separation of powers
The three powers in New Zealand
The New Zealand constitution – a brief overview
The classification of the law


Chapter 2 The sources of business law in New Zealand (1) Legislation 
Introduction – the sources of New Zealand law
The role of Parliament in relation to legislation
Passage of a government (public) Bill through the House
Legislative instruments and other delegated legislation
Statutory interpretation


Chapter 3 The sources of business law in New Zealand (2) Case law
Judicial decisions as a source of law – the doctrine of precedent
The language, or terminology, of precedent
The ranking of precedents – the hierarchy of the principal courts in New Zealand
Equity and common law
The system of courts in New Zealand
The principal New Zealand courts
Alternative dispute resolution processes – a summary


Chapter 4 The legal position of the Treaty of Waitangi in relation to business in New Zealand 
Introduction – Te Tiriti o Waitangi / the treaty of Waitangi
The Treaty in its historical context
The background to the signing of the Treaty
The words of the Treaty
The non-observance of the Treaty by the Colonial Government 1840–1975
A change for the better – the Treaty of Waitangi Act 1975
The role of the Waitangi Tribunal
The Treaty today – a legal perspective
Appendix 1 – Timeline for Te Tiriti o Waitangi
Appendix 2 – The Treaty of Waitangi – two versions


Chapter 5 The law of contract – the essential elements
Introduction – the need for a law of contract
Contract and Commercial Law Bill – references
The structure of the subject
Making the contract – the essential elements
The process of reaching agreement – offer and acceptance
The place of consideration in contract


Chapter 6 Factors that may vitiate an otherwise valid contract (1) Form and capacity
Introduction
Form
Capacity


Chapter 7 Factors that may vitiate an otherwise valid contract (2) Lack of genuine consent and illegality
Genuineness of consent – and introduction
Duress
Undue influence
Unconscionable bargain
Mistake
Illegality


Chapter 8 Operation and interpretation of contracts, and frustration
Introduction
Establishing the terms of the contract
Interpretation of the contract
Frustration 


Chapter 9 Consumer protection
The legislative regime
The Consumer Law Reform Bill
The Consumer Guarantees Act 1993
The Fair Trading Act 1986


Chapter 10 Remedies for failure of performance of contractual obligations
Introduction – what do parties want when a contract goes wrong?
The right to cancel a contract in the event of a failure of performance
The effect of breach of contract at common law
Cancellation under sections 36–40
Misrepresentation as a failure of performance
Remedies for breach under the Contract and Commercial Law Act, Part 3
Under the Fair Trading Act 1986
Compensation for breach of contract
Damages for failure to perform contractual obligations
Enforcing the contract


Chapter 11 Obligations in tort
Introduction
Vicarious liability
The tort of negligence


Chapter 12 Obligations to employees – the minimum code
Introduction
What is ‘employment’?
The principal employment legislation
Enforcement of the minimum code
Other legislation affecting employment


Chapter 13 Rights and obligations in connection with property
The nature of property
What property is capable of being owned?
The nature of ownership in relation to personal property
Ownership of land in New Zealand


Chapter 14 Intellectual property – an overview
Introduction
Protection for the business name – an overview
Trade marks
Passing off
The Fair Trading Act 1986
Copyright
Patents
Breach of confidentiality
Conclusion


Glossary
Index