Formalities Flashcards
Timmins v Moreland Street Property Co Ltd
Two documents may be joined to constitute a sufficient memorandum so long as the document containing the signature makes a reference, expressly or implied, to the document with the terms
Pirie v Saunders
For authenticating a signed agreement, the written memorandum must contain sufficient details of the agreement e.g. land, subject matter, consideration.
It does not matter that that the memorandum is written before the agreement, only that it reflects the agreement.
Fauzi Elias v George Sahely & Co Ltd
In a sale of land contract requiring a signature, where there is a clear reference on another signed document to the main document, parole evidence may be used
Leeman v Stocks
A written name made by an authorized person can be a signature
Head v Kelk
Unenforceable contracts resulting from non-compliance with the statute of frauds can only be used by defendants purely defensively; can’t be used to create interest
Perpetual Executors v Russell
Defendants using non-complying contracts positively to create interest results in an extraordinary situation
Pavey v Matthews
Where a contract becomes unenforceable (e.g. no signature) restitution may be relied upon where the promisor accepts the promisee’s work implying an obligation to pay them for their work
Regent v Millett
Where a contract becomes unenforceable (e.g. no signature) equity may be relied upon where part performance by the Promisee’s may be found
Wakeham v Mackenzie
When relying upon part performance, the part performance must be referable to some contract
Ogilvie v Ryan
In relying upon part performance, the actions taken must be unequivocally referable to some contract to dispense the need for proof of the contract
Equity will not allow the unconscientious use of a legal title
Riches v Hogben
Equitable Estoppel may be used to circumvent formalities
