Articles
Exclusive Dealing - What is its Real Purpose? Spring 2007
Can a business refuse to supply goods and services to a willing buyer? Alan Stuart warns against arrangements that might be construed as anti-competitive or price-fixing.
Fiduciary Obligations Spring 2007
Gerard Kilpatrick looks at the important 2006 Supreme Court case of Chirnside v Fay, which relates to fiduciary obligations and the consequences that follow if these are breached.
Trustees and Investment Autumn 2007
When it comes to investment, trustees are required by law to exercise the care, diligence and skill that a prudent person of business would exercise in managing the affairs of others. Gerard Kilpatrick looks at what trustees must do, and the liabilities they may incur if they fail to invest as the law requires.
Fixed Term Employment Summer 2006
Hullo and Goodbye! Are fixed term employment agreements permitted under the current employment law? Gerard Kilpatrick looks at this issue, which has been the subject of several high-profile employment disputes.
What is Computer Software, and Does it Need Protection? Autumn 2005
Alan Stuart discusses in depth the issues surrounding the protection of computer software against piracy.
Rental Car Insurance - Your Liability Summer 2003
So you drive rental cars. Have you thought about your liability? Gerard Kilpatrick looks at some of the issues.
Liberty Writ Large - Habeas Corpus Summer 2002
"I thought habeas corpus only belonged in old-fashioned detective stories!" David Simpkin describes this long-established remedy for the abuse of state power and outlines how it works in New Zealand today.
The Privy Council - a Lost Cause? Summer 2002
In a 2002 article which proves that we are not always right, Alan Stuart outlines the debate for retaining a right of appeal to the Privy Council, and argues that perhaps we should not dispense (or should not have dispensed) with overseas input into the final level of appeal in our court system.
Traps in Selling, Let the Vendor Beware! July 2001
One of the better known legal expressions is the maxim "caveat emptor" or let the buyer beware. The maxim reflects the principle that a seller of property of goods has few obligations, and it is the buyer who must ensure that what is being purchased meets the buyer's expectations and needs in all respects. In recent times, various statutes have affected this principle of law - sometimes leaving a vendor exposed to claims from the purchaser after a sale has been completed. Gerard Kilpatrick looks at the maxim with particular regards to real estate.
Additional articles can be found on the LawLink web site.
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