Joinder to a later unsigned document?
Data(s) |
2008
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Resumo |
It is well known that a statutory requirement of formality is associated with contracts concerning land. In this regard, s 59 of the Property Law Act 1974 (Qld) provides: No action may be brought upon any contract for the sale or other disposition of land or any interest in land unless the contract upon which such action is brought, or some memorandum or note of the contract, is in writing, and signed by the party to be charged, or by some person by the party lawfully authorised. In addition to the possibility of a formal contract, the statutory wording clearly contemplates reliance on an informal note or memorandum. To constitute a sufficient note or memorandum for the purposes of the statute, the signed note or memorandum must contain details of the parties to the contract, an adequate description of the property, the price and any other essential terms. It is also accepted that the doctrine of joinder may be invoked in circumstances where the document signed by the party to be charged contains an express or implied reference to any other document. In this way, a sufficient note or memorandum may be constituted by the joinder of a number of documents. |
Formato |
application/pdf |
Identificador | |
Publicador |
Lawbook Company/Thomson Legal & Regulatory |
Relação |
http://eprints.qut.edu.au/42564/3/42564.pdf http://www.thomsonreuters.com.au/catalogue/productdetails.asp?id=1209 Dixon, William M. (2008) Joinder to a later unsigned document? The Queensland Lawyer, 28, pp. 276-277. |
Direitos |
Copyright 2008 Lawbook Company/Thomson Legal & Regulatory |
Fonte |
Faculty of Law |
Palavras-Chave | #180105 Commercial and Contract Law #Commercial and Contract Law #joinder #s 59 of the Property Law Act 1974 (Qld) |
Tipo |
Journal Article |