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Formalities And Estoppel Notes

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This is an extract of our Formalities And Estoppel document, which we sell as part of our Contract Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Contract Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

FORMALITIES AND ESTOPPEL
*
* At common law, contracts do not have to be in writing or evidenced in
writing
o They often are, because it is easier to prove there is a contract
SS? Evidentiary function (reliable evidence)
SS? Cautionary function (think carefully before signing)
SS? Easier to see if a contract exists
SS? What is the content of the contract
SS? Protect vulnerable parties
EXCEPTIONS
o Where the parties agree that writing is required
o Where a statute requires a non--verbal contract
SS? THIS IS A FORMALITY Types of Formalities: * Contracts made by deed
o Gratuitous promises * Contracts must be in writing or evidenced in writing
o Statute of Frauds (1677) - UK
SS? MY LEGS * Marriage * Year * Land * Executor * Goods * Surety
o Contract must be in writing or there must be
a note or memorandum
o Enabled people to abuse their contractual
duties













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Guarantees: * Property Law Act 1974 s56
o Guarantees must be in writing
No action may be brought upon any promise to guarantee any
liability of another unless the promise upon which such action is
brought, or some memorandum or note of the promise, is in
writing and signed by the party to be charged, or by some other
person by the party lawfully authorised. * Contracts similar to guarantees that don't have to be in writing
o Contracts of indemnity
o Promises of guarantee to the debtor not the lender
o Promise to take over the debt of another
o Letters of comfort


Sale of Land: * Property Law Act 1974 s59
No action may be brought upon any contract for the sale or other
disposition of land or any interest in land unless the contract upon which
such action is brought, or some memorandum or note of the contract, is in
writing and signed by the party to be charged or by some person by the
party lawfully authorised
o Riches v Hogben














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