Week 5 Writing

Question 1

What are the 2 types of writing contracts?

Answer 1

1) Writing is required
2) Writing is only needed to be evidenced

Question 2

What are examples of K that must be in writing?

Answer 2

• Hire-Purchase
• Copyrights
• Real Estate
• Employee Contracts
• Consumer Credit
• Homebuilding

Question 3

Why must some contracts be evidenced in writing?

Answer 3

In order to prevent fraud and avoiding a he said, she said situation.

Question 4

What statute covers the law of contract writing in selling/leasing land?

Answer 4

Conveyancing Act 1919 (NSW), s 54A.

Question 5

What are the requirements of s 54A?

Answer 5

1) Some sort of Memo
2) Containing Essential Terms
- Names of Parties
- Subject Matter
- Consideration
- Signatures

Question 6

What is the Joinder Doctrine?

Answer 6

Based off of Long vs Miller, it states 2 or more documents can be combined to form 1 contract given some sort of link.

Question 7

What is Doctrine of Part Performance?

Answer 7

Based on Carr v McDonald’s Aust Ltd (1994) 63 FCR 358.

Allows 1 party to enforce the agreement despite invalid contract.

Given that part of the contract has already been fulfilled in assumption that contract was going to be honoured.

Question 8

What is required to establish Part Performance?

Answer 8

1) The act of PP must be linked to the terms of K (Not Preparatory Acts)

2) Party must have been allowed to act in the belief that K would be upheld