Comlaw 101 Notes

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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…show more content…
Can still be created by statutory interpretation E.g. Simpson v AG (Baigent's Case) -See case on page 806 Set Text. -Mrs Baigent sue the Attorney-General as there was an unlawful search of her home (police knew it was the wrong house) -Causes of action included s21 NZ Bill of Rights Act - unreasonable search. -High court struck out section 21 argument -Court of Appeal held that section 21 could be used as a cause of action (i.e. little point in having a "right" if you can’t enforce that right" Changing the content of an existing cause of action: That is modifying common law. E.g. -Contract: Example: The sale of goods Act 1908 implies certain standard terms and creates particular remedies in non-consumer contracts; thus supplementing the general law of contract Criminal Liability Criminal and civil liability distinguished a. General concepts Ensure you understand: Government agencies (E.g. Police, Commerce commission) bring prosecutions for a breach of the criminal law, normally there will be o agency to assist a plaintiff in enforcing a civil action -Basic notions of civil liability to remedy and -Basic notions of criminal liability is to punish b. Difference in terminology and procedure -Prosecute cf sue -The name of the case can indicate the type of case it is E.g. Simpson v AG = Civil case -R v Ann Harris = Criminal

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