LAWCOMM 401 - Commercial Law

Credit points: 20 points
Offered: Second Semester
Contact hours: Lectures – 4 hours per week
Course Coordinator: Dr An Hertogen
Prerequisites: LAW 231, 241
Corequisite: LAW 301, LAW 306
Restriction: LAW 415

Course description

“Commercial law” as known to practitioners covers a great range of common law and statutes, and there is no single law that can be labelled “commercial law”. The present course focuses on four statutes that affect both consumers and businesses. We start with an in-depth study of Part 3 of the Contract and Commercial Law Act 2017 (the old Sale of Goods Act 1908). With the advent of consumerism, a significant number of new statutes have arisen whose primary purpose is consumer protection. We will study the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. In the second half of the course, we will examine how the Personal Property Securities Act 1999 governs security interests in personal property.

Content outline

The first half of the semester is devoted, first, to a detailed study of the legal regime governing the sale of goods in the Contract and Commercial Law Act 2017 and, complemented by, the Consumer Guarantees Act 1993 and, second, to an overview of the Fair Trading Act 1986. The Personal Property Securities Act 1999 is studied in the second half of the semester.

Assessment

Best 4 out of 6 reading quizzes (20%)

2000 word assignment (20%)

3 hour open book exam (60%)

Open book means that you may, if you wish, bring into the exam and refer to any materials such as casebooks, textbooks and study notes.

Recommended text

Students may find the following texts useful:

  • Henry Holderness (ed) Butterworths Introduction to Commercial Law (5th ed, LexisNexis NZ, Wellington, 2016);
  • Kate Tokeley (ed) Consumer Law in New Zealand (2nd ed, LexisNexis NZ, Wellington, 2014);
  • Linda Widdup Personal Property Securities Act: Concepts in Practice (4th ed, LexisNexis NZ, Wellington, 2016);
  • Barry Allan The Law of Secured Credit (Thomson Reuters, Wellington, 2016);
  • Mike Gedye et al Personal Property Securities in New Zealand (Thomson Brookers, Wellington, 2002).