• Internal Code :
  • Subject Code : ACTY 5230
  • University : Unitec
  • Subject Name : Law of business

TAFE

Answer 1

Introduction

The New Zealand constitution is based on the legitimate official papers, within the judgments of the court of law and through exercises. The constitution resembles and begins the fact considering New Zealand is a legitimate real, in which it comprises of parliamentary organization of government. This essay is focused on 3 branches of New Zealand government.

The first branch “Legislature” contains “Governor-General” and the “Members of Parliament”. The duties of the Parliament are to create regulations (Laws) legislature and to examine the “Executive”.

The second branch “Executive ”contains Ministers from both outside and inside of the government and cabinet divisions. The duty of the “Executive” is to choose rules, suggest rules that should be permitted by the Parliament and govern the rule.

The third branch  “Judiciary” comprises each and every judge. The part of the judiciary is to understand and impose the rule. The 2 key foundations of law are statutes which are conceded by the Parliament and the ‘common law’. The ‘common law’ had been created by judges throughout the centuries, and might be changed by the magistrates to surpass altering situations. 

All these three branches functions autonomously, a standard acknowledged as the “separation of powers”. This standard is envisioned to avert misuses of authority, as every branch actions as a crisscross on one another. New Zealand Legislature has no higher House. It becomes the responsibility of“MMP electoral system” and the robust select committee system to safeguard the dominance of Executive on legislature. The Judiciary is not capable to intervene with in the verdicts of Legislature (the Parliament), like the verdict to permit a commandment. Still, the Judiciary is capable to criticize the activities of the Executive to get in the event they proceeded inside the authorities specified to them by legislature. This is entitled as judicial review.

Conclusion

The governance in New Zealand is somewhat complex the “government” in New Zealand constitution basically refers to Executive branch. The three branches of New Zealand constitution are the Legislature, Executive, and Judiciary. 

Answer 2

Answer 2.1

The Credit Contracts and Consumer Finance Act 2003 (CCCF 2003) aids to safeguard customers as soon as they temporarily hold up money. This benefit guarantee customers could create up-to-date selections, tell what they are approving to and could trail of their debts. The CCCF Act ranges a variety of trades anywhere currency is lent for individual usage, together with customer credit contracts, customer hires and buy-back trades.

Answer 2.2

The Credit Contracts and Consumer Finance Act 2003 was amended after a decade in 2013 as Credit Contracts and Financial Services Law Reform Bill 2013. The purpose of this new Bill was to reorganize the legislature which administers buyer credit contracts by presenting definite “lender responsibility rules”, offering that submission through the lender’s accountability which is to be continued as submission through the lender accountability guidelines.

Answer 2.3

In order to gather some information and resources around Credit Contracts and Consumer Finance Act 2003 one can go to peer reviewed articles like, “Do consumers choose the right credit contracts. The Review of Corporate Finance Studies” by Agarwal, S. Chomsisengphet, S., Liu, C.& Souleles, N. S. published in 2015 or refer to the official government site of New Zealand at http://www.legislation.govt.nz/act/public/2003/0052/latest/DLM211512.html. 

Answer 2.4

  1. The section(s) in which one can find the “Meaning of Consumer Credit Contract” isunder the bill of Credit Contracts and Consumer Finance Act 2003, “part 2” section 11. This section discusses that “the debtor is a natural person”, “the credit is to be used, or is intended to be used, wholly or predominantly for personal, domestic, or household purposes”.

  2. The section(s) in which one can find the “Meaning of Consumer Credit Contract” is under the bill of Credit Contracts and Consumer Finance Act 2003, “part 2, subpart 3”, section 27. Where it discusses “a debtor under a consumer credit contract may cancel the contract by giving written notice of the cancellation to the creditor under the contract within 5 working days of the day that disclosure is made under section 17”.

Answer 3

a) The three elements of required to establish tort of negligence are

1. Duty: The consequence of few negligence cases is influenced by if the perpetrator is due a liability to the accuser. A liability rises at the time the commandment identifies a connection amid the perpetrator and the accuser demanding the perpetrator to deed in a definite way, frequently through a custom of care, to the accuser. A magistrate, generally controls if a perpetrator due a duty of care to an accuser and would typically discover that a duty occurs if a sensible individual will discover that a duty occurs in parallel conditions.

2. Breach of Duty: sometimes it is not adequate for an individual to evidence that the other one due them or a duty. The injury lawyer should ascertain that the negligent party broke his or duty to another individual. A perpetrator breaks in such a duty by deteriorating to workout sensible care in satisfying the duty. 

3. Cause in Fact: Below the customary rulebooks of lawful duty in negligence cases, an accuser need to demonstrate that the perpetrator's activities are the genuine reason of the accuser's damage. It is frequentlydiscussed to as "but-for" causality, signifying that, but for the perpetrator's activities, the accuser's damage had not have happened.

b) If a perpetrator existed in charging stacks of rice on top of a lorry and collided with a juvenileby1 of the stacks, the primary query which should be decided is, if the perpetrator due a duty to the juvenile. Whether the charging ports too close to and open place, like municipal footpath, and the juvenile was just crossing by, then the court of law might seek the perpetrator due a duty to the juvenile. Conversely, if the juvenile was invading on reserved land and the perpetrator did not know that the juvenile was there during of the misfortune, then the court of law will be unlikely to seek that the perpetrator due a duty.

Answer 4

Issue: EFL business aspires to amalgamate with the organic business KWA in this the matter of negligence has occurred when the accountant of KWA manipulated and showed all the financial statements wrong. They showed that the business is increasing its profit regular and on yearly basis. Additionally, it will also continue to grow and enlarge with the passage of time or in the next four years. After listening to this, EFL move forward to purchase the organic business for fifty billion dollars. When the company had purchased after some time the company has started encountering loss and in that business the turnover of the employees are also started decreasing. It started decreasing sales from the last twelve months. The key employees have also left or resigned, now EFL seeks to recover loss or its investment from KWA. 

Law: Yes, it is possible that they can recover investment back as they had negligence on the path of showing the entire document and interpreting them properly. Here are some case laws which explain that anything which is not interpreted correctly or is manipulated is also negligence. Because it fulfils all the conditions of it, knowing the fact that it will cause loss to EFL then also it is not interpreted correctly. This condition is known as Negligence. Breach of duty comes under the elements of negligence.

Application: It was the case of medical negligence in which the House of Lords has allowed the case of plaintiff because there fact on which the person who was care taker about the patient needs does not inform about the fact that it can cause harm to them. In this case it was defined that there is not substantial difference between increase in risk and contribution to the injury. The injury can be of any it can be financial loss of physical loss.

Conclusion: Hence, the accountant or the owner must compensate the loss of investment causes to that person, as this situation is following all the conditions or elements of negligence.

Answer 5

Issue: Whether the contract is binding or not. Richard was ready to help john in his business but because of some or the other reason business starts declining and the contractors who hired was not able to sustain in the business. The contract was not binding according to this situation.

Law: The contract was not binding according to the situation because it does not cover the motive of the contract and also essential elements of contract which must be covered. This is social contract which has happened in between the father and son. They do not appear with the documentation of the contract. The essential of contract is there must be proper monetary consideration if the mortgage is given then there must be some security kept for repaying on some time. Social contracts are not considered as contract, in this indemnity can also be not considered. The elements of contract are: offer, acceptance, monetary consideration, intention, and certainty. 

Application: According to Welch v. Jess social agreement and contracts are not enforceable under the contract law because they do not cover all the elements of the contracts. They can be legally enforceable in some of the conditions like if there is intention to create legal relationships.  

Conclusion: Thus the contract is not legal and cannot complete the whole circumstances of the contract through legal relationship of the contract can occur easily. All contract are not social contracts but all social agreements are not contract.

References

Ameratunga, R., Klonin, H., Vaughan, J., Merry, A. & Cusack, J. (2019). Criminalisation of unintentional error in healthcare in the UK: a perspective from New Zealand. Bmj, 364, l706.

Cone, G., Shan, C. & Barber, S. (2019). A Trusts Act for New Zealand. Trusts & Trustees, 25(9), 891-901.

Connell, S. (2019). Community insurance versus compulsory insurance: competing paradigms of no-fault accident compensation in New Zealand. Legal Studies, 39(3), 499-516.

Fowler, M. (2019). Negligence in schools: Educating educators about their liability. Victoria University of Wellington Legal Research Paper, Student/Alumni Paper, (22).

Ingle, L. (2019). Smart contracts in consumer law: Does New Zealand need to wise up?. Victoria University of Wellington Legal Research Paper, Student/Alumni Paper, (23).

Ingle, L. (2019). Smart contracts in consumer law: Does New Zealand need to wise up?. Victoria University of Wellington Legal Research Paper, Student/Alumni Paper, (23).

Samanta, A. & Samanta, J. (2019). Gross negligence manslaughter and doctors: ethical concerns following the case of Dr Bawa-Garba. Journal of medical ethics, 45(1), 10-14.

Shiels, T. & Geddis, A. (2019). Tracking the Pendulum Swing on Legislative Entrenchment in New Zealand. Statute Law Review.

Singh, A., Jain, M. K. & Wairya, S. (2019). Novel Lossless Grounded and Floating Inductance Simulators Employing a Grounded Capacitor Based on CC-CFA. Journal of Circuits, Systems and Computers, 28(06), 1950093.

Singh, A., Jain, M. K. & Wairya, S. (2019). Novel Lossless Grounded and Floating Inductance Simulators Employing a Grounded Capacitor Based on CC-CFA. Journal of Circuits, Systems and Computers, 28(06), 1950093.

Swain, W. & Campbell, D. (Eds.). (2019). Reimagining Contract Law Pedagogy: A New Agenda for Teaching.  London: Routledge.

Willis, E. (2019). The Treaty of Waitangi: Narrative, Tension, Constitutional Reform. New Zealand Law Review, 2019(2), 185-214.



 

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