Falsehood and Breach of Contract in New Zealand


Book Description

This work is a significant new commentary on the way private law deals with falsehoods, in the form of misrepresentations, misleading and deceptive conduct, and deceit. Beginning with an introduction which provides a general overview of various areas of law that fall within the ambit of the term ""falsehoods"", the book then provides a detailed treatment of the tort of deceit and its relevance in 21st century New Zealand. This is followed by a comprehensive discussion of the law of misrepresentation and breach of contract in the context of New Zealand's contractual remedies legislation. The fi.







Fair Trading


Book Description

Providing an indispensable comparative and in-depth resource, Fair Trading: Misleading or Deceptive Conduct examines 20 years of case law argued under section 9 and lays out the consequent principles from the Fair Trading Act 1986. As knowledge about the expertise in fair trading actions has become an integral and daily part of commercial law this therefore is an essential resource for commercial lawyers, litigators and students. Fair trading is the one area where being right first time matters: this book is therefore an invaluable resource.




Fair Trading


Book Description

"Providing an indispensable comparative and in-depth resource, Fair Trading: Misleading or Deceptive Conduct examines 26 years of section 9 case law and distils the consequent principles from the Fair Trading Act 1986. The authors explore the key elements of an action under section 9: namely that there is "conduct" "in trade" that is "misleading or deceptive". The authors then consider examples of potentially misleading or deceptive conduct: including nondisclosure of information, opinions and advice, laudatory statements, predictions and promises. The second part of the book covers procedural aspects, liability as a party or principal under the Fair Trading Act 1986, and its defences. Finally, remedies for a breach, including injunction, damages, and miscellaneous additional remedies found in section 43 are reviewed."--Wolters Kluwer New Zealand website.







The Fair Trading ACT Handbook


Book Description

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.







Vitiation of Contracts


Book Description

Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.