[wellylug] depeer

[jumbophut]

On Thu, 24 Feb 2005 19:36:27 +1300, Bret Comstock Waldow wrote:
> I was commenting on the difference between saying "I don't like this" and
> "This is breach of contract".
> 
> I think it's a shame a government isn't prepared to enforce a clear breach of
> contract, though.  Separately from civil damages, breach of contract is
> against the law, isn't it?  That makes it a government issue.  Sigh.
> 

IMHO...

Breach of contract is an issue between the parties, and since the
State it not one of the parties, it cannot bring an action.

Although there is some legislation covering aspects of contracts (e.g.
the Contractual Remedies Act), most contract law is common (i.e.
judge-made, not Parliament-made) law and harks back to the UK Common
Law.

So no, with respect to the breach of contract, it's not a government matter.

However, the Government could get involved if there was a clear breach
of the Fair Trading Act, or the Commerce Act (which I believe has some
anti-monopoly provisions).  The Commerce Commission, which is a
tribunal, can actually bring cases even where it is not a party.  But
it's nothing to do with contract law.

Yes, this is all very frustrating for the humble consumer.

[IANALBIDKABATL]

-- 
Tony (echo 'spend!,pocket awide' | sed 'y/acdeikospntw!, /l at omcgtjuba.phi/')