5 Overview of this Act
Preliminary matters

(1)

Part 1 provides for preliminary matters.

Contracts

(2)

Part 2 relates to contracts, including matters relating to—

(a)

contractual privity (provisions that permit a person who is not a party to a deed or contract to enforce a promise made in it for the benefit of that person) (see subpart 1):

(b)

contractual mistakes (see subpart 2):

(c)

contractual remedies (in particular, provisions relating to damages for misrepresentation and to cancellation) (see subpart 3):

(d)

frustrated contracts (see subpart 4):

(e)

illegal contracts (see subpart 5):

(f)

contracts entered into by minors (persons under the age of 18 years) (see subpart 6):

(g)

certain stipulations in contracts not being of the essence of contracts (see subpart 7).

Sale of goods

(3)

Part 3 relates to the sale of goods, including matters relating to—

(a)

the formation of a contract of sale (see sections 120 to 130):

(b)

conditions and warranties (for example, implied conditions or warranties as to quality or fitness for a particular purpose) (see sections 131 to 142):

(c)

when ownership of the goods is transferred (see subpart 2):

(d)

the duties of the seller and the buyer and the delivery of the goods (see subpart 3):

(e)

the rights of an unpaid seller (see subpart 4):

(f)

remedies for a breach of a contract, including a remedy for a breach of warranty (see subpart 5):

(g)

supplementary matters, including an exclusion where the Consumer Guarantees Act 1993 applies (see subpart 6):

(h)

giving effect to the United Nations Convention on Contracts for the International Sale of Goods (see subpart 7).

Electronic transactions

(4)

Part 4 relates to electronic transactions, including matters relating to—

(a)

improving certainty in relation to electronic information and electronic communications (see subpart 2):

(b)

how legal requirements apply to electronic transactions (for example, requirements to give information in writing and to provide access to information) (see subpart 3).

Other commercial matters

(5)

Part 5 relates to various other commercial matters, including matters relating to—

(a)

the liability of carriers for the loss of or damage to goods carried within New Zealand (see subpart 1):

(b)

mercantile agents (see subpart 2):

(c)

bills of lading and other shipping documents (see subpart 3):

(d)

a power for a shipowner to enter and land goods, and liens for freight (see subpart 4):

(e)

the enforcement of a lien for work done (see subpart 5).

Miscellaneous provisions

(6)

Part 6 relates to repeals, consequential amendments, and miscellaneous provisions.

(7)

This section is only a guide to the general scheme and effect of this Act.