This work follows the scope of the sale of goods legislation and provides in-depth commentary and analysis of non-consumer sales between New Zealand businesses. It starts with an introduction, history and discussion of the scope of the legislation before moving into the mechanics of formation of the contract, and passing of property and risk. There are chapters specific to buyer s duties, seller s duties, buyer s remedies and seller s remedies, then the final chapter is an extensive discussion of international sale of goods involving New Zealand businesses. As an added feature there are comparative tables mapping sections of the repealed legislation to the new Act and vice versa. The value of the goods bought and sold each year in New Zealand that are potentially subject to the sale of goods legislation is enormous. Sale of Goods in New Zealand is a must-have purchase for commercial practitioners, academics and barristers and will ensure that you have the answers to even the most complicated challenges.
This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.
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.
Presents a practical approach to commercial law. This book looks at the structure of commonly encountered transactions, provides a checklist of the terms that need to be included in each agreement and an analysis of the issues that need to be considered in drafting them.
"Once more, we were delighted to take on the task of updating this text for its 14th edition, having taken over editorial responsibilities from the late John Adams from the 13th edition. In our preface to the previous edition, we recorded the sudden passing of Professor Adams. Sadly, in this preface, we must note another passing: on 30 March 2018, Patrick Atiyah, who wrote the 1st-8th editions of this book and continues to give the book its name, passed away at the age of 87. Patrick was one of those giants of academic contract law whose contributions continue to be read and to inspire scholars everywhere. We are both mindful of our task to maintain the scholarly rigour which he gave to this book as we take it into the future. This edition is also the first time since the 9th edition without a Scottish editor. Professor Hector MacQueen had been responsible for adding Scottish content since the 10th edition (2001), but decided that he would discontinue this role after the 13th editio n was published in 2016. We are very grateful for Hector's contributions to the work. On the advice of the book's publishers, this edition has been put together without the benefit of a Scottish editor, although we have, of course, continued to take decisions from the Scottish courts into account in updating the various chapters. Since the last edition was published, there have been few major developments in the law on the sale of goods, aside from the difficult ruling by the Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd [2016] UKSC 23 (which arrived too late for proper consideration in the previous edition). We have updated the text in light of recent cases and academic writings where appropriate. Furthermore, we have continued our task of streamlining the running order of the chapters, and we have sought to make gentle updates to the language of the book, preserving its rigour but ensuring it remains accessible to a contemporary audience. In some instances, we have ^curtailed or removed altogether the detailed discussion of the pre-1994 case-law which had become redundant as a result of the changes made to the Sale of Goods Act at that time. The rise of digital technology and new business models in the digital economy will invariably have an impact on the law concerning the sale of goods, but at this point, the real impact is not yet known. In some places, we have alluded to the possible significance of digital technology, and this could well become a more significant theme in future editions"--
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.
This is the third edition of the leading authority on English sale of goods law known for its clarity of expression, rigorous scholarship and depth of treatment of problem areas.
- The planning system - Financing the project - Public sector projects - Public/private sector partnerships - Tender process - The construction contract - Construction insurance - Ways of operating - Working with others - Working internationally - The engineer's appointment - Collateral warranties - Professional indemnity insurance - Copyright and intellectual property - Employment law - Computers and IT - Law of contract - Law of tort - Environmental law - Health and safety law - Insolvency in construction - Administration of claims - Litigation - Arbitration - Adjudication
