ABSTRACT
A number of provisions in the New Code refer to Part 2 of the New Code as being the means by which an agreement conferring code rights is made. The conferring agreement requirements are simply stated in paragraph 11(1) of the New Code, and at first sight it seems that there will therefore be no room for any doubt as to whether what needs to be done in order to satisfy the requirements. This chapter deals with inadvertent non-compliance with the requirements for a valid conferring agreement. It prompts the question whether the parties can deliberately avoid the New Code, and enter into an agreement which is not a code agreement. The chapter sets out a number of considerations that may be material in ascertaining whether the particular ingredients have been satisfied.
