Plain language law

New Zealand law explained for everyone

Contract and Commercial Law Act 2017

Sale of goods - Supplementary matters

201: Savings

You could also call this:

“This provision keeps some old rules and other laws working alongside the new rules for buying and selling things.”

When you’re dealing with contracts for buying and selling things, there are some important rules to remember. Even though there are special rules for sales contracts, the rules about what happens when someone goes bankrupt still apply. These bankruptcy rules are stronger than the sales contract rules.

The old rules that judges made up (called common law) about selling things are still important too. They work alongside the new rules, as long as they don’t disagree with what the new rules say.

Sometimes, people use sales contracts in a tricky way to lend money or get security for a loan. The rules about sales contracts don’t apply in these cases.

Lastly, if there are other laws about selling things, these rules don’t change those laws. They all work together to make sure buying and selling is fair for everyone.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844421.

Topics:
Business > Fair trading Business > Industry rules Money and consumer rights > Consumer protection Money and consumer rights > Banking and loans
Previous

200: Rights and duties enforceable by proceeding, or

"You can go to court if someone doesn't follow the rules in this law"

Next

202: Purpose, or

"This part explains why we have rules for buying and selling things with other countries"

Part 3 Sale of goods
Supplementary matters

201Savings

  1. The rules in bankruptcy relating to contracts of sale continue to apply despite anything in subparts 1 to 5 or this subpart.

  2. The rules of the common law, except to the extent that those rules are inconsistent with the express provisions of subparts 1 to 5 or this subpart, continue to apply to contracts for the sale of goods.

  3. The provisions of subparts 1 to 5 and this subpart that relate to contracts of sale do not apply to a transaction in the form of a contract of sale that is intended to operate by way of mortgage, pledge, charge, or other security.

  4. Subparts 1 to 5 and this subpart do not affect the enactments in force that relate to the sale of goods.

Compare