Comlaw 101 Notes
COMMERCIAL LAW 101
Statutory Obligations
There are two broad aspects addressed in this topic:
Civil liability:
Legislation may affect existing common law and equitable obligations: e.g
-Legislation can cut across or interfere with common law and equitable obligations. Legislation can also reinforce such obligations.
-Example: ACC legislation in NZ takes away right to sue for personal injury, but sets up statutory rights to compensation for injury regardless of fault.
Criminal liability:
Legislation may create criminal liability:
-In NZ crimes can only be created by legislation. In this topic we will look at the nature of criminal liability
Express creation (or denial) of civil liability:
Some statutes expressly create a right to sue for damages and other remedies. In such a situation it is Parliament that has created the cause of action (civil liability), rather than it being a judge-made obligation.
-Some examples of expressly created civil liability:
-The Securities Market Act 2002
-Creates a right to sue for victims of insider trading
-The Consumer guarantees Act 1993
-Creates remedies for consumers who receive defective goods or substandard services
-Fair Trading Act 1986
-Creates liability for unfair trade practices.
Fair Trading Act 1986
-General scheme of the Act:
-The fair trading act prohibits certain conduct by persons who are in trade. It covers misleading and deceptive conduct, false representations and other unfair trade practices.
-Long Title of the Act: "An Act to prohibit certain product and practices in trade, to provide for the disclosure of consumer information relating to the supply of the goods and services to promote product safety."
Examples of civil liability under the FTA:
-Section 41 allows the Court to grant injunctions for breaches of the FTA
-Section 42 allows the Court to order disclosure of information or publish advertisement
-Section 43 allows the Court to order refund of money, pay to a
Statutory Obligations
There are two broad aspects addressed in this topic:
Civil liability:
Legislation may affect existing common law and equitable obligations: e.g
-Legislation can cut across or interfere with common law and equitable obligations. Legislation can also reinforce such obligations.
-Example: ACC legislation in NZ takes away right to sue for personal injury, but sets up statutory rights to compensation for injury regardless of fault.
Criminal liability:
Legislation may create criminal liability:
-In NZ crimes can only be created by legislation. In this topic we will look at the nature of criminal liability
Express creation (or denial) of civil liability:
Some statutes expressly create a right to sue for damages and other remedies. In such a situation it is Parliament that has created the cause of action (civil liability), rather than it being a judge-made obligation.
-Some examples of expressly created civil liability:
-The Securities Market Act 2002
-Creates a right to sue for victims of insider trading
-The Consumer guarantees Act 1993
-Creates remedies for consumers who receive defective goods or substandard services
-Fair Trading Act 1986
-Creates liability for unfair trade practices.
Fair Trading Act 1986
-General scheme of the Act:
-The fair trading act prohibits certain conduct by persons who are in trade. It covers misleading and deceptive conduct, false representations and other unfair trade practices.
-Long Title of the Act: "An Act to prohibit certain product and practices in trade, to provide for the disclosure of consumer information relating to the supply of the goods and services to promote product safety."
Examples of civil liability under the FTA:
-Section 41 allows the Court to grant injunctions for breaches of the FTA
-Section 42 allows the Court to order disclosure of information or publish advertisement
-Section 43 allows the Court to order refund of money, pay to a