An Overview of the Law of Persons in New Zealand Commercial Law

Abstract

This article addresses aspects of the juridical concepts of being a “person” and of having “capacity”. The article focuses on commercial law, taking New Zealand law as its starting point. Since the connection of the common law to the conduct of commerce is largely a function of the law of contract, most of what is said is directed to the process of contracting. The practical approach of the article leads, in relation to personality, to a survey of the ways in which the law permits groups of people to choose not to operate through an artificial legal person. A brief treatment of corporate personality is also given. A discussion of capacity then leads into a brief treatment of how the law addresses degrees of incapacity.