logo

Law for Business: New Zealand Constitution

Today we’ll look at three issues that can overturn what would otherwise be a valid contract: contractual capacity, consent issues, and illegal contracts.

6 Pages1536 Words10 Views
   

Added on  2022-09-11

Law for Business: New Zealand Constitution

Today we’ll look at three issues that can overturn what would otherwise be a valid contract: contractual capacity, consent issues, and illegal contracts.

   Added on 2022-09-11

ShareRelated Documents
Running head: LAW FOR BUSINESS 1
Law for Business
Student Name
Institutional Affiliation
Law for Business: New Zealand Constitution_1
LAW FOR BUSINESS 2
Law for Business
a. i. The sources of New Zealand’s constitution include the Prerogative powers of the
Queen. An example is the issued letters by the queen relating to constituting the
office of the Governor- General of New Zealand.
ii. The treaty of Waitangi that was signed between the British crown and the Maori
Chiefs in 1840.
iii. The New Zealand’s Bill of Rights Act of 1990 that enumerates citizens’ rights against
their state, it enacts New Zealand’s obligations into laws under its International Covenant
on Civil and Political Rights.
iv. The Electoral Act of 1993 that describes into details the electoral procedure of the
members of parliament
v. Letters Patents constituting New Zealand’s Office of the Governor General thus
incorporating essential British constitutional statutes into New Zealand law such as Bill
of rights of 1689 and the Magna Carta.
vi. The Cabinet Manual that describes procedures of the cabinet and is taken as an
authoritative guide towards decision making for the ministers of New Zealand and their
workers in various government departments.
b. In the English version of the treaty, the intention of the British was to offer protection
to Maori interest from the British settlement that was encroaching. Whereas the
Maori version made suggestions that the queen’s essential promises to the Maori was
to offer a government and at the same time secured the tribal authority on their own
region (Parsonson, 2017).
Law for Business: New Zealand Constitution_2
LAW FOR BUSINESS 3
Secondly, the English version stated that the Maori people and their leaders could
individually or collectively confirmed and offered possession of land without
disturbances. Whereas in the Maori text, the Maori were offered unqualified exercise
of attaining their lands, property and treasures. They instead offered the crown the
right to buy their land if at all they wanted to sell it.
2.
a. Alan as the buyer has a right to terminate the contract on hire purchase terms at any given time
even before he concludes the payment by writing a notice to the seller ion termination of the
contract and return the mobile phone to the owner. Allan will be liable of paying installments
due by that particular day together and with amount of money issued to the seller that will make
his total payment to amount to not less than half-of the total hire purchase price. This amount
will, be issued unless the specific amount is offered in the agreement terms (Odunaike, 2016).
Besides, Alan will be required to pay compensation of damages.
b. Mary has rights to damages because she is the non-breaching party. Mary, therefore, was to
receive incidental damages because she suffered an incidental loss. For instance, the non-
breaching party incurred loss in an attempt to minimize the loss that emanated from the breach
(Martin, 2018). I.e. Mary had to cancel bookings since she never had alternative reservations
for the guests. Hadley vs Baxendale [1854], the damages that are considered for breach of
contract are those that arise naturally and thus the claimant recover the damages that occur from
the breach of contract.
c. A contract is discharged under frustration is there are law changes that render such
performance illegal and in case of physical destruction encounter by the topic problem of the
agreement. The circumstance could deprive the commercial aim of the contract making it
Law for Business: New Zealand Constitution_3

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
The Treaty of Waitangi in New Zealand
|12
|3305
|479