Formalities and Privity

Under common law contracts generally can be...

• In writing only

• Both oral and written but not by conduct

• Mixture of oral, written and by conduct

• Oral anytime

Does law requires that some contracts must be in writing?

• Yes

• No

• only if you need to go to court

• only if the both parties prefer this

Which sections of the Property Law Act require contracts and guarantees to be in writing?

• s 50 and s 51

• s 12 and s 14

• s 56 and s 59

• s 50 and s 57

What is a guarantee?

• An indemnity

• A promise of a guarantee made to a debtor

• A contract to answer for the debt, of another who is to be primarily liable to the promisee

• Person agrees to take the debt of another

Which case is the authority for the essential elements of a contract being in writing ?

• Harvey v Edwards Dunlop & Co Ltd

• Tonitto v Bassal

• Fauzi Elias v George Sahely and Co

• Tiverton Estates Ltd v Wearwell Ltd

Which are the essential terms for a land contract ?

• Parties names, price, terms

• Parties names, property described, price, special terms

• Parties names, property description, terms

• Property description and special terms

Which case is the authority for Joinder of documents?

• Rosser v Austral Wine and Spirit

• Tonitto v Bassal

• Harvey v Edwards Dunlop

• Pirie v Saunders

In certain circumstances two or more document may be joined and together .

• they contain all the essential elements

• they are enforceable

• they provide proof of a contract

• they contain all the essential terms fo an enforceable contract

If a land contract signed does not contain all the essential elements for s 59..

• It must contain and express or implied reference to another document

• it will still be enforceable if agreed by the parties

• It must be implied

• there is no way it can be enforceable

Todrell Pty Ltd v Finch is authority for what?

• Enforceable contracts

• Implied or express terms

• land contracts

• document referred to must already be in existence