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Lecture 7

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University of Otago
Donna Buckingham

20/03 Legislation 7: Look at ‘Gift horses’- good revision. Now examinable content! 30 Mark question on a statute we have not seen before. Essay question- be given a model question i.e. a question similar to the exam question. Learn 6 essays. One of the essay questions will revolve around this class. Form and structure of a statute: NB: a purpose section in legislation has no more power than any other section. 2. Interpretation:  ‘Unless the context otherwise requires’ refers to a situation in which the definition following does not match with the definition given for a word or words.  Use of the word ‘includes’ does not limit the clause to the sentence following that verb.  Use of the word ‘means’ DOES limit the clause to the sentence following the verb.  Marginal note: pre-2000 legislation run into text; post-2000 legislation set above the text. Even though content of a section may change as they go through parliament, marginal notes do not change, they are there to aid in the interpretation of the legislation. CAUTION: do not borrow essays from people last year on anything. Law changes therefore what is expected in those essays will change. Write own essays. 3. Rights of recipient of unsolicited goods: 1) You can either: a. Wait the three months b. Give notice and wait 30 days THEN ‘the recipient may as between himself and the sender, use, deal with, or dispose of them as if they were an unconditional gift to him’ – legal fiction. 2) Tells us you need to send a notice 3) Gives options about how this notice may be delivered 4) If notice is posted- covers from any person who claims that they never received the notice in the post 5) Tells us who the ‘sender’ is 6) Liability for payment: a) not liable for payments unless agrees to acquire them or treats it in such a way that undermines the sender as being the owner; b) not liable for loss or injury unless the receiver incurs it himself. 7) May not make a request for goods to be sent to someone else w
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