Contracts 1 Week 9 PASS

What area of contract law are we look at when determining what happens when there are requirements for the contract to be formalised in a certain way?

What area of contract law are we look at when determining what happens when someone other than the parties to the contract, wants to rely on the contract to enforce the benefit?

The common law does not generally require contracts to be in writing, what are some other types of contracts?

• Oral

• A mixture of oral and written

• A contract implied through conduct

For a contract to be enforceable, it doesn't need to be in writing, nor does there need to evidence of writing

• True

• False

What is not a guarantee?

• A promise of a guarantee made to a debtor

• When a person agrees to take the debt of another

• An indemnity

• An agreement that imposes no personal liability

• A letter of comfort

"The party to be charged" is the party who is denying the existence of the

For the sale or disposition of an interest in land, guarantees and contracts must be...

• Not in writing

• In writing or evidence in writing

• Signed by the party to be charged

• Signed by the plaintiff

Harvey v Edwards Dunlop & Co Ltd determined the written document for a guarantee must contain 'all the essential terms of the agreement', these are?

• The parties' names

• Terms of the guarantee

• Acknowledgement of the guarantor

• Signed by the guarantor

• Signed by the plaintiff

In Durell v Evans, the seller's agent printed the buyer's name on the sale note, was this sufficient to fulfil the signature requirement?

• Yes

• No

What question do we need to ask when determining if the signature requirement was been fulfilled?

• Does the party whose name appears impliedly indicate they recognise the writing as being an authenticated expression of the contract?

• Does the party whose name appears expressly or impliedly indicate they recognise the writing as being an authenticated expression of the contract?

• Does the party whose name appears expressly indicate they recognise the writing as being an authenticated expression of the contract?