Contract Law in New Zealand

2. Auflage 2014
ISBN: 978-90-411-5427-9
Verlag: Wolters Kluwer

Buch, Englisch, 304 Seiten

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.

Autoren/Hrsg.

Todd, Stephen

Burrows, J.

Finn, J.

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

The Authors. List of Abbreviations. General Introduction. Chapter 1. The General Background of the Country. Chapter 2. Legal Family. Chapter 3. Legislative Supremacy. Chapter 4. Position of the Judiciary. Chapter 5. Public and Private Law. Chapter 6. Civil and Commercial Law. Introduction to the Law of Contract. Chapter 1. Definition of Contract. Chapter 2. Historical Development of Contract Law in New Zealand. Chapter 3. Classification of Contracts. Chapter 4. Contract and Tort. Chapter 5. Contract and Restitution. Chapter 6. Contract and the Law of Property. Chapter 7. Contract and Trust. Chapter 8. Good Faith and Fair Dealing. Chapter 9. Style of Drafting. Chapter 10. Sources of the Law of Contracts. Part I. General Principles of the Law of Contract. Chapter 1. Formation of Contract. Chapter 2. Conditions of Substantive Validity. Chapter 3. The Contents of a Contract. Chapter 4. Privity of Contract. Chapter 5. The Termination of the Contract. Chapter 6. Remedies. Part II. Specific Contracts. Chapter 1. Agency. Chapter 2. Bailment. Chapter 3. Gaming and Wagering Contracts. Chapter 4. Sale of Goods. Chapter 5. Consumer Contracts. Chapter 6. Building Contracts. Chapter 7. Leases. Chapter 8. Contracts of Suretyship. Chapter 9. Contracts of Pledge. Chapter 10. Contracts of Loan. Chapter 11. Contracts with the Government and Other Public Administrations. Chapter 12. Partnerships. Chapter 13. Restitution. Selected Bibliography. Index