Fenton v Scotty's Car Sales Ltd

Fenton v Scotty's Car Sales Ltd [1968] NZLR 929 is a cited case in New Zealand regarding the legality of illegal contracts that pre date the Illegal Contracts Act 1970.

Fenton later tried to have the sale set aside due to this breach.

The court ruled that the object of the Traffic regulations was road safety, and not consumer protection, and accordingly ruled the contract enforceable.

Footnote: Just 3 years earlier in Berrett v Smith [1965] NZLR 460, ruled that a similar warrant of fitness case, the court declared was illegal, and so not legally enforceable.

This article relating to case law in New Zealand is a stub.