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Formalities And Estoppel Notes

Law Notes > Contract Notes

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

PAGE

61


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

PAGE

62

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