|
Price V Sports Marine Ltd
Price v Sports Marine Ltd is a cited case in New Zealand regarding liability exclusion clause An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limi ...s which are generally prohibited for non business transactions under section 43 of the Consumer Guarantees Act 1993. Background The Price's owned a 17 ft Searay boat, which they placed with Sports Marine to sell on their behalf. The Price's agreed to a non liability clause with Sports Marine. Whilst the boat was at Sports Marine, one of their staff damaged the boat during the test run, damage which Sports Marine argued that the non liability clause stopped them for being liable. The Prices argued that the CGA makes such clauses unenforceable regarding consumer transactions. Held The clause was a breach of section 32(c) of the CGA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Court Of New Zealand
The District Court of New Zealand ( mi, Te Kōti ā Rohe) (formerly the district courts before 2016) is the primary court of first instance of New Zealand. There are 59 District Court locations throughout New Zealand (). The court hears civil claims of up to $350,000 and most criminal cases. It is governed by the District Court Act 2016, which replaced the earlier District Courts Act 1947 (formerly titled the Magistrates' Courts Act 1947) as well as the District Court Rules which are periodically revised by the Rules Committee. The court was established in 1980 to replace magistrates' courts, which had dealt with minor criminal matters and civil claims since 1893. The establishment of the court was the result of the recommendations made in the 1978 report of the Royal Commission on the Courts. It was given an expanded jurisdiction and the Family Court was created as a division of the District Court in 1981. The Youth Court is another specialist division of the District Court, dea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusion Clause
An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses. Types of exclusion clause There are various methods by which a party may seek to exclude or mitigate liability by use of a contractual term: * True exclusion clause: The clause recognizes a potential breach of contract, and then excuses liability for the breach. Alternatively, the clause is constructed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Guarantees Act 1993
The Consumer Guarantees Act (CGA) 1993 is a consumer protection law that was enacted in New Zealand in 1993. Consumer protections were previously in the Sale of Goods Act 1908. Differences over the Sales of Goods Act One of the CGA's biggest changes was that it extended protection to consumers for the supply of services. Another change was that the CGA explicitly outlawed a merchant from contracting out of the CGA, such as having a "no refunds" or "no returns" displayed. Guarantees for goods The CGA gives guarantees to free title, quality, fitness for purpose and price of consumer goods. The goods must also comply with description and with sample. If a good is faulty, the Act gives the retailer a reasonable time to either fix or replace the goods, otherwise the consumer has the right to reject the goods, cancel the contract, and obtain a full refund from the retailer. The legislation has now been amended to include online purchases from traders, including auction websit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sea Ray
Sea Ray Boats is an American manufacturer that produces recreational motorboats. It currently operates as part of the Brunswick Boat Group, a division of Brunswick Corporation. History It was founded in 1959 by Zach Ray as an independent company, Ray Industries, in Detroit, Michigan, with fiberglass boats being made at a factory in Oxford, Michigan. That company was bought in 1986 by Brunswick Corporation for $350 million. At the same time, Brunswick purchased the Bayliner brand, making Brunswick the largest pleasure boat producer in the world. Sea Ray opened a plant in 1972 at Merritt Island, Florida. It eventually grew to three plants at that location. It employed more than 1,500 workers at its peak. At that time, it produced about 20 sport yachts weekly, each retailing from $200,000 to $500,000. It largely phased out operations during the Great Recession. In 2017, Brunswick Corporation announced that they intended to divest the Sea Ray line. In July 2018, however, Brunswick a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Test Functions For Optimization
In applied mathematics, test functions, known as artificial landscapes, are useful to evaluate characteristics of optimization algorithms, such as: * Convergence rate. * Precision. * Robustness. * General performance. Here some test functions are presented with the aim of giving an idea about the different situations that optimization algorithms have to face when coping with these kinds of problems. In the first part, some objective functions for single-objective optimization cases are presented. In the second part, test functions with their respective Pareto fronts for multi-objective optimization problems (MOP) are given. The artificial landscapes presented herein for single-objective optimization problems are taken from Bäck, Haupt et al. and from Rody Oldenhuis software. Given the number of problems (55 in total), just a few are presented here. The test functions used to evaluate the algorithms for MOP were taken from Deb,Deb, Kalyanmoy (2002) Multiobjective optimization us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Contract Case Law
New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, 1995 Songs * "New" (Daya song), 2017 * "New" (Paul McCartney song), 2013 * "New" (No Doubt song), 1999 *"new", by Loona from '' Yves'', 2017 *"The New", by Interpol from ''Turn On the Bright Lights'', 2002 Acronyms * Net economic welfare, a proposed macroeconomic indicator * Net explosive weight, also known as net explosive quantity * Network of enlightened Women, a conservative university women's organization * Next Entertainment World, a South Korean film distribution company Identification codes * Nepal Bhasa language ISO 639 language code * New Century Financial Corporation (NYSE stock abbreviation) * Northeast Wrestling, a professional wrestling promotion in the northeastern United States Transport * New Orleans Lakefront Ai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> District Court Of New Zealand")
