| Fenton v Scotty's Car Sales Ltd | |
|---|---|
 | |
| Court | High Court of New Zealand |
| Full case name | Fenton v Scotty's Car Sales Ltd |
| Citation(s) | [1968] NZLR 929 |
Fenton v Scotty's Car Sales Ltd [1968] NZLR 929 is a cited case in New Zealand regarding the legality of illegal contracts that pre date the Illegal Contracts Act 1970. [1] [2]
Fenton purchased a car from Scotty's Car Sales. The vehicle had no current warrant of fitness at the time of the sale, despite this being required under regulation 53 of the Traffic Regulations 1956. Fenton later tried to have the sale set aside due to this breach.
The court ruled that the object of the Traffic regulations was road safety, and not consumer protection, and accordingly ruled the contract enforceable.
Footnote: Just 3 years earlier in Berrett v Smith [1965] NZLR 460, ruled that a similar warrant of fitness case, the court declared was illegal, and so not legally enforceable.
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington.
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Automobile Centre (Auckland) Ltd v Facer [1974] 2 NZLR 767 is an often cited case regarding illegal contracts under the Illegal Contracts Act 1970. It was one of the first cases decided since the law was passed.
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Harding v Coburn [1976] 2 NZLR 577 was a New Zealand case that was one of the first that upheld that the Illegal Contracts Act 1970 had the power to validate despite the fact that another legal enactment "deemed to be unlawful and shall have no effect".
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Jolly v Palmer [1985] 1 NZLR 658 is a cited case in New Zealand regarding the legal enforceability of a contract where there is a breach of a stipulation.
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National Westminster Finance NZ Ltd v South Pacific Rent-a-Car Ltd [1985] 1 NZLR 646 is a cited case in New Zealand regarding the validation of illegal contracts under the Illegal Contracts Act 1970.
Catley v Herbert [1988] 1 NZLR 606 is a cited case in New Zealand regarding whether a contract illegal under law, can be subsequently validated under the Illegal Contracts Act 1970.
Duncan v McDonald [1997] 3 NZLR 669 is a cited case in New Zealand regarding the granting of relief under the Illegal Contracts Act 1970 for illegal contracts.
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