| 词条 | Carey v Hastie |
| 释义 |
}}{{Infobox court case | name = Carey v Hastie | court = Court of Appeal of New Zealand | date_filed = | image = Coat of arms of New Zealand.svg | date decided = 3 November 1967 | full name = Carey v Hastie | citations = [1968] NZLR 276 | judges = North P, Turner, McCarthy | prior actions = | subsequent actions = | opinions = | transcripts = | Keywords = illegal contracts }}Carey v Hastie [1968] NZLR 276 is a case cited regarding illegal contracts.[1] BackgroundHastie hired Carey to do some building alterations at his Wellesley Street business premises, and was later invoiced ₤274 for the work. However, local council bylaws required that a building permit be first issued by the council before building commenced, although for small jobs, the council practice was to allow the building permit to be issued after building had started. At the start of the contract, the owner was required to obtain the necessary building permits, but as the owner was causing delays to the build over approval of the final plans, in an effort to speed up the build, the builder agreed to take responsibility to get the permits. Carey subsequently completed the alterations, but for unknown reasons, he did not get the necessary building permits for the work, although the council had approved the building plan, and the work being inspected by a council building inspector. Not satisfied with receiving illegal unpermitted alterations, Carey paid ₤139 of the account, and refused to pay the balance, claim the contract was illegal and not legally enforceable. The builder subsequently sued successfully in the District Court for the balance of ₤135, but was reversed on appeal in the High Court. And the matter made its way through the courts despite the claim's ridiculously low amount, until it finally reached the Court of Appeal. HeldThe court held that by not getting the necessary building consent, breached the council bylaws, making the contract illegal by performance. Footnote: This case pre dates the Illegal Contracts Act 1970References1. ^{{cite book |title=Understanding Commercial Law |edition=5th |last1=Gerbic |first1=Philippa |last2=Lawrence |first2=Martin |publisher=LexisNexis |ISBN=0-408-71714-9|year=2003 |page=}} {{NewZealand-case-law-stub}} 4 : Court of Appeal of New Zealand cases|1967 in New Zealand law|1967 in case law|New Zealand contract case law |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。