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 v Scotty's Car Sales Ltd | |
|---|---|
 | |
| Court | High Court of New Zealand |
| Full case name | Fenton v Scotty's Car Sales Ltd |
| Citation | [1968] NZLR 929 |
Background
editFenton 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.
Held
editThe 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.
References
edit- ^ Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006). An introduction to the Law of Contract in New Zealand (4th ed.). Thomson Brookers. p. 350. ISBN 0-86472-555-8.
- ^ Walker, Campbell (2004). Butterworths Student Companion Contract (4th ed.). LexisNexis. pp. 161–162. ISBN 0-408-71770-X.
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