scholarly journals The reception of the economic torts into New Zealand labour law: a preliminary discussion

1970 ◽  
Vol 12 (2) ◽  
Author(s):  
Gordon Anderson
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Basic Question ◽  
Labour Law ◽  
Labour Relations ◽  
Preliminary Discussion ◽  
The Common ◽  
The Law ◽  
The Impact

This discussion raises a nu1nber ojissues related to the introduction of the economic torts into New Zealand labour law during the 1970s. These include the question of whether such major innovations accorded with the principles normally accepted by comparative lawvers when considering legal transplants. and the basic question of whether the common law as developed in Britain is, in this case, suitable for New Zealand circumstances. The impact of the law in New Zealand is then outlined and the changes introduced hy the Labour Relations Act are briefly considered.

scholarly journals The applicability of the common law in an industrial relations context (with special reference to industrial action): a comment

1970 ◽  
Vol 12 (2) ◽  
Author(s):  
Martin Vranken
Keyword(s):  
New Zealand ◽  
Western Europe ◽  
Common Law ◽  
Industrial Relations ◽  
Civil Law ◽  
Labour Law ◽  
Labour Relations ◽  
Industrial Action ◽  
The Social ◽  
The Common

This paper reflects on the uneasy relationship that exists in New Zealand between common law and industrial law. A parallel is drawn with the move of labour law away from the general principles of the civil law in Continental Western Europe. It is argued that, especially in the context of industrial action the Labour Relations Act 1987 missed out on a unique chance to assert fully the social autonorny of New Zealand labour law.

scholarly journals “Lest You Undermine Our Struggle”: Sympathetic Action and the Canadian Charter of Rights and Freedoms

2015 ◽  
pp. 139
Author(s):  
Keir J.M. Vallance
Keyword(s):  
Common Law ◽  
Case Law ◽  
Freedom Of Association ◽  
Labour Law ◽  
New Era ◽  
Canadian Charter ◽  
Labour Relations ◽  
Labour Rights ◽  
The Common ◽  
The Law

In this new era of recognized constitutional labour rights, one aspect of labour relations — sympathetic action — remains, for the most part, judicially unexamined. This article examines the case law to demonstrate that there is a constitutional argument that both the statutory prohibition on sympathetic action, and the hostility to sympathetic action in the common law of contract and tort, infringe on the freedoms in section 2 of the Charter. However, there is no necessary connection between a right to undertake sympathetic action and a right to strike, nor is freedom of association the only Charter right that can protect sympathetic action. Ultimately, an absolute ban on sympathetic action under Canadian labour law violates the Charter and must be removed; and the hostility of the law of tort and the law of contract to sympathetic action also contravenes Charter values.

The Contractualisation of Labour Law

2018 ◽  
pp. 33-47
Author(s):  
John Gardner
Keyword(s):  
Common Law ◽  
Employment Relationship ◽  
Labour Law ◽  
Work Relations ◽  
Contractual Relationship ◽  
The World ◽  
British Labour ◽  
The Common ◽  
The Law ◽  
Main Ideas

This chapter explores the idea that labour law rests on ‘a contractual foundation’, and the idea that work relations today are ever more ‘contractualised’. Section 1 lays out some essentials of British labour law and its connections with the common law of contract. Section 2 explains what contractualisation is, not yet focusing attention on the specific context of labour law. The main claims are that contract is not a specifically legal device, and that contractualisation is therefore not a specifically legal process, even when the law is complicit in it. Section 3 shifts attention to the world of work, especially the employment relationship. Here the main ideas are that the employment relationship is not (apart from the law) a contractual relationship, and that all the norms of the employment relationship cannot therefore be captured adequately in a contract, legally binding or otherwise. Section 4 illustrates the latter point by focusing on the rationale and the limits of the employer’s authority over the employee. A contractual rationale yields the wrong limits. It gives its blessing to authoritarian work regimes and lends credence to the miserable view that work is there to pay for the life of the worker without forming part of that life. Throughout the chapter there are intimations of the conclusion drawn in section 5: that contractualisation, in the labour market at least, is a process that lovers of freedom, as well as lovers of self-realisation, should resist—or rather, should have resisted while they still had the chance.

13. Misrepresentation

2021 ◽  
pp. 414-470
Author(s):  
André Naidoo
Keyword(s):  
Common Law ◽  
Consumer Contracts ◽  
The Common ◽  
The Law ◽  
The Impact

This chapter explains the law relating to the requirements and remedies for misrepresentation. The rules that the chapter covers developed originally in the context of all types of contracts. However, more recent legislation has introduced some specific protection for consumers. Consequently, the common law rules and older legislation that the chapter covers are now more applicable to non-consumer contracts, i.e. contracts between businesses and those between private parties. The chapter starts by addressing the kind of false statements that can result in a remedy. It then addresses the common law and legislative remedies that could be available to the innocent party. Finally, the chapter turns to the impact of the more recent consumer legislation before finally examining the extent to which an exemption clause could cover liability for misrepresentation.

scholarly journals PASSPORTS, THE RIGHT TO TRAVEL, AND NATIONAL SECURITY IN THE COMMONWEALTH

2020 ◽  
Vol 69 (2) ◽  
pp. 365-395
Author(s):  
Paul F. Scott
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
National Security ◽  
Common Law ◽  
The United Kingdom ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Statutory Basis

AbstractThis article, on the basis of a consideration of the development of the law relating to the use of passports as a tool of national security in the United Kingdom, Canada, Australia and New Zealand, challenges the common law conception of passports, arguing that passports effectively confer rights and so, consequentially, that the refusal or withdrawal of a passport represents a denial of rights. From this conclusion a number of points flow. Though these consequences are most acute for the United Kingdom and Canada, in which passports remain regulated by, and are issued under, prerogative powers, there are also a number of points of significance for Australia and New Zealand, where passports have a statutory basis.

‘If you look after me, I will leave you my estate’: The enforcement of testamentary promises in England and New Zealand

Legal Studies ◽  
2000 ◽  
Vol 20 (1) ◽  
pp. 85-103
Author(s):  
Sarah Nield
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Law Reform ◽  
Flexible Approach ◽  
Unpaid Care ◽  
The Face ◽  
The Common ◽  
The Law ◽  
Personal Context

Occasionally, a case comes to court in which a disappointed relative or other carer seeks the enforcement of a promise made by a testator to leave them all or part of their estate if the relative or other carer looks after them or provides some other service. This article compares and contrasts the courts’ response, in England and in New Zealand, to the enforcement of these testamentary promises. In England the courts have struggled to provide redress with the tools available from the common law and equity. Despite an array of possible remedies from contract to estoppel and restitutionary remedies, few claimants have proved successful. The sanctity of testamentary freedom and formalities has prevailed over the injustice caused to the disappointed carer. Yet in New Zealand testamentary promises are commonly enforced under the Law Reform (Testamentary Promises) Act 1949, a statute passed specifically to loosen the grip of testamentary freedom in the, face of such promises. Under the influence of this statutory impetus, the New Zealand courts have shown a liberal and flexible approach to the interpretation of this statute that is both interesting and enlightening. They have recognised that in the personal context of the testamentary promise traditional notions of contractual promises and consideration or detrimental reliance need to be rethought. Perhaps it is time for us also to rethink our approach to the treatment of those who provide unpaid care or other services when they have been led to expect some sort of testamentary recompense.

scholarly journals Assignments and Transfers of Contractual Duties: Integrating Theory and Practice

2000 ◽  
Vol 31 (2) ◽  
pp. 317 ◽  
Author(s):  
Justine Kirby
Keyword(s):  
United States ◽  
New Zealand ◽  
Common Law ◽  
Theory And Practice ◽  
The Common ◽  
The Law ◽  
Contractual Obligations ◽  
Contractual Rights

While contractual rights are usually assignable, the extent to which contractual obligations may be "assigned" or otherwise "transferred" is unclear. In this article, Justine Kirby examines the common law, section 11 of the Contractual Remedies Act 1979, and accepted methods of "transferring" obligations, and then compares the effects of a purported assignment of obligations under New Zealand, English and United States law.  She argues that the law should be clarified, and offers drafting suggestions to lawyers to give effect to parties' intentions while the law remains uncertain.  

Torts and Other Wrongs

2019 ◽  
pp. 1-26
Author(s):  
John Gardner
Keyword(s):  
United States ◽  
New Zealand ◽  
Common Law ◽  
Tort Law ◽  
The United States ◽  
Common Cause ◽  
England And Wales ◽  
The Common ◽  
The Law

This chapter focuses on the law of torts, not in the United States, but in other major common law jurisdictions (England and Wales, Canada, Australia, and New Zealand) in which tort cases are normally adjudicated by judges sitting without juries. It considers the so-called classical interpretation of the common law of torts by John Goldberg and Ben Zipursky, and how they tend to equivocate on an important point of law in a way that puts them at odds with some writers with whom they would do better to make common cause. It suggests that this equivocation is where the law of the United States parts company with the law in the rest of the common law world. The problem, an English lawyer might then teasingly say, is with American tort law rather than with the Goldberg and Zipursky rendition of it.

3. Law, Equity, and Human Rights

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Legal Rights ◽  
Fundamental Aspect ◽  
Land Law ◽  
The Common ◽  
Historical Basis ◽  
The Creation ◽  
The Law ◽  
The Impact

In addition to the concepts of tenure and estates, another fundamental aspect of England’s Land Law is the impact of equity. The intervention of equity was originally based upon the need to enforce obligations of conscience and to redress defects in the common law, and also gave rise to the trust. But while the trust might be equity’s greatest creation, the intervention of equity also addressed other areas of Land Law where the common law position was considered to be defective or oppressive. A notable example is the law of mortgages. Aside from modifying the common law, equity also recognized other rights that did not result in the beneficial entitlement to the land. This chapter discusses the historical basis of equity in England, the creation of equitable rights, the enforceability of equitable and legal rights, and human rights.

3. Law, Equity, and Human Rights

2019 ◽  
pp. 43-85
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Legal Rights ◽  
Fundamental Aspect ◽  
Land Law ◽  
The Common ◽  
Historical Basis ◽  
The Creation ◽  
The Law ◽  
The Impact

In addition to the concepts of tenure and estates, another fundamental aspect of England’s Land Law is the impact of equity. The intervention of equity was originally based upon the need to enforce obligations of conscience and to redress defects in the common law, and also gave rise to the trust. But while the trust might be equity’s greatest creation, the intervention of equity also addressed other areas of Land Law where the common law position was considered to be defective or oppressive. A notable example is the law of mortgages. Aside from modifying the common law, equity also recognized other rights that did not result in the beneficial entitlement to the land. This chapter discusses the historical basis of equity in England, the creation of equitable rights, the enforceability of equitable and legal rights, and human rights.

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