Commercial Law New Zealand

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Subject : Commercial Law NewZealand

Please check the attachment. questions are of 1 and 2 marks maximum. 2-3 of 3 and 4 marks.

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Commercial Law Assignemnt

NATUREANDSOURCESOFNEWZEALANDLAW

Law and Ethics

Harry was involved in a protest against the further logging of WestCoastnative forests. He was arrested for trespass while chained to a tree. When he appeared in Court he justified his actions by claiming that his trespass was insignificant compared with the destruction of native forests.

(a) Using the facts of this situation, explain the difference between the moral validity and legal validity of Harry's actions.

(2marks)

(b)  “Not all laws are ethical” Discuss this statement using an example

(3marks)

Treaty of Waitangi

(a)  Discuss any 2 issues in regards to the interpretation of the treaty of Waitangi     (4marks)


(b) The  Waitangi Tribunal was established under the Treaty of Waitangi Act

1975. Briefly describe the main purpose of the Waitangi Tribunal. (1mark)

Sovereignty of Parliament

Describe what is meant  by the term "Sovereignty of Parliament "and explain the impact that this has on the role of the Judiciary in NewZealand.    (2marks)



SeparationofPowers

In your own words, describe the Doctrine of the Separation of Powers and discussat least two(2) reasons why it is Important   (2marks)

Question

 Your mum has just arrived to meet you in Auckland. Explain to her 2 sources of NZ constitution (2 marks)

Parliamentary Process


List and describe in correct order each step of the parliamentary process a Bill goes through before it becomes law.  (4 marks)


Explain the importance of the Select Committee Stage in relation to a Bill's passage through Parliament.   (2mark)

Delegated Legislation

Using an example explain what it means when delegated legislation is "ultravires".

STATUTORYINTERPRETATION

The following (fictitious) statute was passed on 10th January 2019 and came into force the following day:

ComputerUseAct2019

An act to ensure that computers made available for student use by the educational institutions are used only for legitimate purposes connected with the students' study.

s2 The term 'computers' includes all forms of computing device, whether desktop, portable or hand­held.

s6(3) Computers are not to be used for the purposes of sending or receiving personal e-mail messages, playing computer games, or other purposes not directly related to the students' enrolled studies.


The following extract from Hansard is also available:

Extract from Hansard:

Associate Minister of Education, Steve Maharey-

"Members,  this Act is an important step in our government's policy of making a computer

Available to each and every student in each and every tertiary institution in this country. Ifthe use of computers for personal purposes is not tolerated, there will be more of them available for legitimate study-related purposes."


Barney has been studying at OP for the past 18 months. He is making excellent progress towards completion of his Bachelor of Applied Management with a major in management.  He is also working part-time in a local management firm office to fund his studies.

On Tuesday, 11th Feb 2019BarneywasfoundinaOPcomputerlab where he had unpluggedapolytechniccomputerandpluggedinhispersonallyownedlap-topcomputer,in order to receive an important e-mail from his boss. Barney has been charged unders6(3) of the Computer UseAct 2019.


(a) Describe the literal rule of statutory interpretation.


(2mark)


(b) Applying the literal rule of statutory interpretation, advise whether Barney would be liable for the offence under s6(3) of the Computer Use Act2019. Give reasons for your answer.  3marks)

(c)  Describe the "Purposive Approach" to statutory interpretation and discuss how this approach can give the Court greater flexibility than application oft he

Literal rule, when the Court is faced with difficult statutory interpretation.

(2marks)

(d) Applying the purposive approach to statutory interpretation and with reference to atleast one(1) intrinsicaid and one(1) extrinsicaid, advise whether

Barney would be liable under section6 (3)of the Act, giving reasons for your answer(3marks)



 


TORTOFNEGLIGENCE

QuestionOne Total: 4mark

1  In relation to each of the following questions advise whether the statements are true or false and give a reason for your answer:

(a) Contributory negligence is a complete defence to any claim brought in negligence.




(1mark)

b) Persons employing in dependent contractors to  do work for them are usually liable for harm caused by those contractors to third parties.




(1mark)

 




(c)  Innegligence claims, the defendant can be found liable for all loss or harm which he causes. (1mark)

(d) In establishing whether a defendant is liable for a claim in negligence, the Court will first determine whether the defendant and the plaintiff are "neighbours".

(1mark)

QuestionTwo                                                                                                     Total:16 marks

Tom is a truck driver working for Speedy Towing Ltd. One night he receives a phone call from a business to tow away a car which is parked in their car park without permission. Tom arrives and starts to put the car onto his tow truck. While he is doing this, Tom sees some attractive girls walking past and waves to them. Unfortunately because of this he knocks a lever and the car drops to the ground and suffers considerable damage. Mary, the owner hears the smash and runs out to inspect her car. She screams at Tom that she will make him pay, but Tom replies he doesn’t have any money anyway.


Can the owner, Mary, successfully sue Tom for the damage to her car because of negligence? Identify and discuss the essential elements of the tort law that she must prove.  (4 marks)

b) Tom has already told Mary he has no money to pay for any repairs. Is there anything else Mary can do to recover her costs / compensation? What must she prove? (3 marks)

 

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Commercial Law Assignemnt NATUREANDSOURCESOFNEWZEALANDLAW Law and Ethics Harry was involved in a protest against the further logging of WestCoastnative forests. He was arrested for trespass while chained to a tree. When he appeared in Court he justified his actions by claiming that his trespass was insignificant compared with the destruction of native forests. (a) Using the facts of this situation, explain the difference between the moral validity and legal validity of Harry's actions. (2marks) (b) “Not all laws are ethical” Discuss this statement using an example (3marks) Treaty of Waitangi (a) Discuss any 2 issues in regards to the interpretation of the treaty of Waitangi (b) (4marks) The Waitangi Tribunal was established under the Treaty of Waitangi Act 1975. Briefly describe the main purpose of the Waitangi Tribunal. (1mark) Sovereignty of Parliament Describe what is meant by the term "Sovereignty of Parliament "and explain the impact that this has on the role of the Judiciary in NewZealand. (2marks) SeparationofPowers In your own words, describe the Doctrine of the Separation of Powers and discussat least two(2) reasons why it is Important (2marks) Question Your mum has just arrived to meet you in Auckland. Explain to her 2 sources of NZ constitution (2 marks) Parliamentary Process a) List and describe in correct order each step of the parliamentary process a Bill goes through before it becomes law. (4 marks) b) Explain the importance of the Select Committee Stage in relation to a Bill's passage through Parliament. (2mark) Delegated Legislation Using an example explain w h a t it means when delegated legislation is "ultravires". STATUTORYINTERPRETATION The following (fictitious) statute was passed on 10th January 2019 and came into force the following day: ComputerUseAct2019 An act to ensure that computers made available for student use by the educational institutions are used only for legitimate purposes connected with the students' study. s2 The term 'computers' includes all forms of computing device, whether desktop, portable or hand-held. Page11 s6(3) Computers are not to be used for the purposes of sending or receiving personal e-mail messages, playing computer games, or other purposes not directly related to the students' enrolled studies. The following extract from Hansard is also available: Extract from Hansard: Associate Minister of Education, Steve Maharey"Members, this Act is an important step in our government's policy of making a computer Available to each and every student in each and every tertiary institution in this country. Ifthe use of computers for personal purposes is not tolerated, there will be more of them available for legitimate study-related purposes." Barney has been studying at OP for the past 18 months. He is making excellent progress towards completion of his Bachelor of Applied Management with a major in management. He is also working part-time in a local management firm office to fund his studies. On Tuesday, 1 1 th Feb 2019B a r n e y w a s found i n aOPcomputerlab where he had unpluggedapolytechniccomputerandpluggedinhispersonallyownedlap-topcomputer,in order to receive an important e-mail from his boss. Barney has been charged unders6(3) of the Computer UseAct 2019. (a) Describe interpretation. the literal rule of statutory (2mark) Page11 (b) Applying the literal rule of statutory interpretation, advise whether Barney would be liable for the offence under s6(3) of the Computer Use Act2019. Give reasons for your answer. 3marks) (c) Describe the "Purposive Approach" to statutory interpretation and discuss how this approach can give the Court greater flexibility than application oft he Literal rule, when the Court is faced with difficult statutory interpretation. (2marks) (d) Applying the purposive approach to statutory interpretation and with reference to atleast one(1) intrinsicaid and one(1) extrinsicaid, advise whether Barney would be liable under section6 (3)of the Act, giving reasons for your answer(3marks) Page12 TORTOFNEGLIGENCE Total: 4marks QuestionOne 1 In relation to each of the following questions advise whether the statements are true or false and give a reason for your answer: (a) Contributory negligence is a complete defence to any claim brought in negligence. (1mark) b) Persons employing in dependent contractors to do work for them are usually liable for harm caused by those contractors to third parties. (1mark) Page13 (c) Innegligence claims, the defendant can be found liable for all loss or harm which he causes. (1mark) (d) In establishing whether a defendant is liable for a claim in negligence, the Court will first determine whether the defendant and the plaintiff are "neighbours". (1mark) QuestionTwo Total:16 marks Tom is a truck driver working for Speedy Towing Ltd. One night he receives a phone call from a business to tow away a car which is parked in their car park without permission. Tom arrives and starts to put the car onto his tow truck. While he is doing this, Tom sees some attractive girls walking past and waves to them. Unfortunately because of this he knocks a lever and the car drops to the ground and suffers considerable damage. Mary, the owner hears the smash and runs out to inspect her car. She screams at Tom that she will make him pay, but Tom replies he doesn’t have any money anyway. (a) Can the owner, Mary, successfully sue Tom for the damage to her car because of negligence? Identify and discuss the essential elements of the tort law that she must prove. (4 marks) b) Tom has already told Mary he has no money to pay for any repairs. Is there anything else Mary can do to recover her costs / compensation? What must she prove? (3 marks) ...
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School: New York University

Attached.

OUTLINE
INTRODUCTION
BODY
CONCLUSION
REFERENCE


Commercial Law Assignment

NATURE AND SOURCES OF NEW ZEALAND LAW
Law and Ethics
Harry was involved in a protest against the further logging of West Coast native forests. He
was arrested for trespass while chained to a tree. When he appeared in Court he justified his
actions by claiming that his trespass was insignificant compared with the destruction of native
forests.

(a) Using the facts of this situation, explain the difference between the moral
validity and legal validity of Harry's actions.
Harry’s claim that his trespass is insignificant compared to the destruction of the forest
is invalid on a legal basis. Therefore, it lacks legal validity because it is not a valid law.
However, the moral validity of his claim is intact since it is against morals to destroy
forests.
(b) “Not all laws are ethical” Discuss this statement using an example
This statement means that ethical behaviour does not always go hand in hand with the law.
Ethics sets maximum standards while the law directs us on what we are prohibited from doing.
For example, the law prohibits Harry from trespassing, but ethical standards are against the
destruction of forests. The law and ethical standards are therefore not identical.
Treaty of Waitangi

(a) Discuss any 2 issues in regards to the interpretation of the treaty of Waitangi
There are two differing opinions in the interpretation of the treaty of Waitangi. Some argue that
the instructions given to Lieutenant-Governor William Hobson by the British were concerned
with land; especially how Maori acquired his land. Another issue is that the amateurs who
prepared the Treaty did so hastily and intentionally used language that had a particular meaning
in Maori.
(b)

The Waitangi Tribunal was established under the Treaty of Waitangi Act
1975. Briefly describe the main purpose of the Waitangi Tribunal.

The Parliament established the Waitangi Tribunal in 1975 with the aim of enabling the British
settlers and the Maori to live together and be governed by a common set of laws, and protect
Maori’s rights to keep their land and treasures while the British had the sovereignty.

Sovereignty of Parliament

Describe what is meant by the term "Sovereignty of Parliament "and explain the impact
that this has on the role of the Judiciary in New Zealand.
Parliamentary sovereignty means that the parliament has absolute supremacy over a...

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Anonymous
Tutor went the extra mile to help me with this essay. Citations were a bit shaky but I appreciated how well he handled APA styles and how ok he was to change them even though I didnt specify. Got a B+ which is believable and acceptable.

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