New Legal Repository for Carriage of Goods Act Provisions
The Contract and Commercial Law Act 2017 (CCLA) which amalgamates a range of commercial legislation under a single title Act came into force 1st September 2017. It was given royal assent 6 months previously. The new Act is administered by the Ministry of Justice and the Ministry of Business, Innovation, and Employment whereas the Carriage of Goods Act had been largely administered in part by the Ministry of Consumer Affairs.
The CCLA is not intended to substantially amend the law but it does however, repeal a number of existing individual commercial statutes (the original statutes) but they are then consolidated within the CCLA. These original statues are the:
• Carriage of Goods Act 1979;
• Contracts (Privity) Act 1982;
• Contractual Mistakes Act 1977;
• Contractual Remedies Act 1979;
• Electronic Transactions Act 2002;
• Frustrated Contracts Act 1944;
• Illegal Contracts Act 1970;
• Mercantile Law Act 1908 (other than Part 5);
• Minors’ Contracts Act 1969;
• Sale of Goods Act 1908; and
• Sale of Goods (United Nations Convention) Act 1994.
The Carriage of Goods Act provisions will probably be of most interest to transport companies but undoubtedly other provisions will be of interest as well
The CCLA substantially replicates the provisions in the original statutes, except that in some cases the language has been updated to help businesses and end users and as usual minor changes have been made to the to clarify Parliament's intent or reconcile inconsistencies.
The purpose of the circular is to alert companies of the need amend their contracts and their standard terms and conditions and any other template contracts and documents they have to reflect the CCLA’s introduction and legal references.
The new Act incorporating the carriage of goods provisions can be viewed and down loaded at this link:
Access to the Carriage of Goods provisions and legal references to the pertinent sections of the CCLA can be found under the following heading by using the link above.
Part 5 Subpart 1—Carriage of goods
Other commercial matters