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Contract and Commercial Law Act 2017

Preliminary provisions

5: Overview of this Act

You could also call this:

“This law explains different types of agreements and business matters in simple terms”

This law is about different kinds of agreements and business matters. Here’s what it covers:

Part 1 is about basic information you need to know.

Part 2 talks about agreements. It explains things like when someone who isn’t part of an agreement can still benefit from it, what happens if there’s a mistake in an agreement, what you can do if someone breaks an agreement, what happens if an agreement can’t be carried out, what happens with illegal agreements, and special rules for agreements made by people under 18 years old.

Part 3 is about buying and selling things. It covers how to make a sale agreement, what promises are included when you buy something, when you officially own the thing you bought, what the seller and buyer need to do, what happens if the buyer doesn’t pay, and what you can do if something goes wrong with the sale.

Part 4 is about doing business online. It helps make sure that information and messages sent electronically are clear and explains how laws apply to online business.

Part 5 covers other business matters. It talks about who’s responsible if goods get lost or damaged during shipping, people who sell things for others, documents used in shipping, rules for ship owners, and what happens if someone owes money for work that was done.

Part 6 is about updating old laws and making sure everything fits together.

Remember, this is just a quick overview to help you understand what the law is about. It doesn’t include all the details.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844041.

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4: Revision Act, or

"This law cleans up and organises other laws without changing what they mean"

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6: Transitional, savings, and related provisions, or

"Rules for switching to the new law and keeping important old rules"

Part 1 Preliminary provisions

5Overview of this Act

  1. Part 1 provides for preliminary matters.

  2. Part 2 relates to contracts, including matters relating to—

  3. contractual privity (provisions that permit a person who is not a party to a deed or contract to enforce a promise made in it for the benefit of that person) (see subpart 1):
    1. contractual mistakes (see subpart 2):
      1. contractual remedies (in particular, provisions relating to damages for misrepresentation and to cancellation) (see subpart 3):
        1. frustrated contracts (see subpart 4):
          1. illegal contracts (see subpart 5):
            1. contracts entered into by minors (persons under the age of 18 years) (see subpart 6):
              1. certain stipulations in contracts not being of the essence of contracts (see subpart 7).

                1. Part 3 relates to the sale of goods, including matters relating to—

                2. the formation of a contract of sale (see sections 120 to 130):
                  1. conditions and warranties (for example, implied conditions or warranties as to quality or fitness for a particular purpose) (see sections 131 to 142):
                    1. when ownership of the goods is transferred (see subpart 2):
                      1. the duties of the seller and the buyer and the delivery of the goods (see subpart 3):
                        1. the rights of an unpaid seller (see subpart 4):
                          1. remedies for a breach of a contract, including a remedy for a breach of warranty (see subpart 5):
                            1. supplementary matters, including an exclusion where the Consumer Guarantees Act 1993 applies (see subpart 6):
                              1. giving effect to the United Nations Convention on Contracts for the International Sale of Goods (see subpart 7).

                                1. Part 4 relates to electronic transactions, including matters relating to—

                                2. improving certainty in relation to electronic information and electronic communications (see subpart 2):
                                  1. how legal requirements apply to electronic transactions (for example, requirements to give information in writing and to provide access to information) (see subpart 3).

                                    1. Part 5 relates to various other commercial matters, including matters relating to—

                                    2. the liability of carriers for the loss of or damage to goods carried within New Zealand (see subpart 1):
                                      1. mercantile agents (see subpart 2):
                                        1. bills of lading and other shipping documents (see subpart 3):
                                          1. a power for a shipowner to enter and land goods, and liens for freight (see subpart 4):
                                            1. the enforcement of a lien for work done (see subpart 5).

                                              1. Part 6 relates to repeals, consequential amendments, and miscellaneous provisions.

                                              2. This section is only a guide to the general scheme and effect of this Act.