Login
Login

Your trusted CPD partner

CBE10

Contracting with Companies, Trusts, Partnerships and Nominees

NZ $70.00
incl GST
Kelly Quinn Prof Peter Watts
Kelly Quinn
Barrister
Bankside Chambers
Auckland
Prof Peter Watts
University of Auckland

Published: 11 August, 2010
Pages: 142

Introduction

It seems safe to assume that by the middle of the 20th century face-to-face contracting had ceased to be common practice in most Commonwealth countries. By then, most businesses, and not just large ones, had incorporated, so that when one bought one’s newspaper (or tobacco!) from the corner dairy one was not contracting with the person behind the counter, but with the abstract entity that owned the business. The only financially significant contracts that were likely to involve humans on both sides of the transaction were contracts for the sale and purchase of land. But even here, it was, and remains, rare for the parties to deal face to face. Usually intermediaries, in the form of real estate agents and solicitors, will do much of the work on the parties’ behalf.

This seminar deals with aspects of what might loosely be called “remote contracting”, situations where there are not straightforwardly only two persons with an interest in the subject matter of the contract, who then proceed to negotiate and conclude a contract with one another by direct communication. The seminar does not purport to be a comprehensive treatment of remote contracting. It is not, for instance, a seminar on the general law of agency, although agency law is central to most forms of remote contracting. It deals with the contracting process applicable to the most common forms of business “entity”; the company, the partnership and the trust. It also deals with situations where a contracting party, whether entity or individual, purports to contract for another person, usually unidentified and merely designated by the words “or nominee”, or where the contracting party appears to be contracting personally but is in fact intending to contract for a third party, who is “undisclosed”.

The section on company contracting, which comes first, reproduces Chapter 4 of Peter Watts’ book, Directors’ Powers and Duties (LexisNexis, Wellington, 2009). That chapter was written with the position of directors in mind, but most of the material therein is applicable to anyone who purports to contract on behalf of a company. The presentations of this seminar will not be confined to the contracting power of company directors. References to the CA in the chapter are to the Companies Act 1993.

You might also be interested in ...

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press ‘save’ after adding each new registrant.

Proceed to Checkout

Commercial Law Intensive

Publication Date: 13-Apr-2016

Chair: John Horner, Authors: Michael Arthur, Josh Blackmore, Katrine Evans, John Fisk, Julie Fowler, Julian Long, Colin Magee, Brent McAnulty, Graeme Neilson, Joshua Pringle, Catherine Reid, Megan Richards, Gillian Service, Rob Sloan, Michael Wigley,

NZ $140.00
incl GST

Multiple Registration

The RMA for Property and Commercial Lawyers - helping your clients navigate the labyrinth

Publication Date: 21-Feb-2011

Author(s): Bob Loutit, Margo Perpick

NZ $55.00
incl GST

Multiple Registration
 
CONTACT
INQUIRIES
freephone (within NZ)
0800 333 111

EMAIL 
cle@lawyerseducation.co.nz

PHONE
04 472 7837

FAX
04 463 2986
 
ADDRESS
NZLS CLE Ltd
Law Society Building
26 Waring Taylor Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand