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Chapter 15.1 The Form of the Contract

Chapter 15.1 The Form of the Contract. At common law there are no formal requirements for a simple contract. Oral contracts or contracts concluded by conduct are as binding as those in writing. By legislation certain contracts are required to be:. in writing, or. evidenced in writing,.

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Chapter 15.1 The Form of the Contract

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  1. Chapter 15.1 The Form of the Contract

  2. At common law there are no formal requirements for a simple contract. Oral contracts or contracts concluded by conduct are as binding as those in writing.

  3. By legislation certain contracts are required to be: • in writing, or • evidenced in writing,

  4. Where the contract is required to be in writing NO WRITING = NO CONTRACT.

  5. Where the contract is required to be evidenced in writing ORAL CONTRACT UNENFORCEABLE WRITTEN EVIDENCE OF THE CONTRACT ENFORCEABLE

  6. The Contracts Enforcement Act 1956

  7. Section 2(1) the Contracts • Sales of land • Other dispositions of land including leases and grants of easements • Contracts to mortgage land • Guarantee of another’s debt or other obligation

  8. Section 2(2) the requirement for enforceability No contract to which this section applies shall be enforceable by action unless the contract or some memorandum or note thereof is in writingand is signed by the party to be charged therewith or by some other person lawfully authorised by him.

  9. For an agreement to, say, sell a piece of land to be enforceable, there must be EITHER

  10. a written agreement for sale and purchase of the land in question, OR

  11. a valid oral contract for the sale of land, AND

  12. a written note or memorandum of the agreement which the party being sued on it must have signed.

  13. The memorandum must contain all the material terms of the agreement. Hawkins v. Price [1947] 1 All ER 689

  14. The signature of the defendant need not be a conventional signature but must indicate an intention to authenticate the contents of the memorandum. Cohen v. Roche [1927] 1 KB 169

  15. Where there not a sufficient note or memorandum the oral contract may be used as a defence.

  16. The equitable doctrine of part performance

  17. Where one party to a valid oral agreement, say, for the sale of land • has substantially performed their part of the contract, • equity will not permit the other party to rely on the Act to avoid their obligations under the oral contract • where it would be unfair or inequitable to do so. Kingswood Estates Ltd v. Anderson [1962] 3 All ER 593

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