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Contract Law in New Zealand, Fourth Edition by TODD

Contract Law in New Zealand, Fourth Edition

By Stephen Todd, Jeremy Finn


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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.

Publish Date 11/21/2019
Publish Frequency As Needed
Product Line Kluwer Law International
ISBN 9789403517728
SKU 10057515-0002
Table of Contents

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