Plain language law

New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Sale of goods - Formation of contract - Contractual formalities

125: How contract of sale is made

You could also call this:

“Different ways to make a contract to sell something”

You can make a contract to sell something in different ways. You can write it down, say it out loud, or do a mix of both. Sometimes, you don’t even need to say or write anything - your actions can show that you’ve made a contract.

Remember, there are rules about making contracts. These rules come from this law and other laws too. Also, if you’re dealing with companies, there are special rules that this part doesn’t change.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844311.

Topics:
Business > Fair trading Money and consumer rights > Consumer protection
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124: Capacity to buy and sell, or

"Who can buy and sell things, and special rules for some people"

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126: Existing or future goods, or

"Buying things that exist now or will exist later"

Part 3 Sale of goods
Formation of contract: Contractual formalities

125How contract of sale is made

  1. A contract of sale may be—

  2. made in writing (either with or without seal); or
    1. made orally; or
      1. made partly in writing and partly orally; or
        1. implied from the conduct of the parties.

          1. This section is subject to the provisions of this Act and of any other Act.

          2. Nothing in this section affects the law relating to corporations.

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