General rule for form…
-Contracts do not have to be in writing
-An oral contract is just as enforceable than a written one
Deeds…
Has to be in writing
has to be witnessed by somebody
does not need concideration
Statutory exceptions (Contracts that have to be in writing)
- Real estate agent commission
- Employment contracts
- Relationship property agreements
- property law act 2007 (Sale and purchase of land)
Contracts for the disposition of land is not enforceable by action unless…
The contract is in writing OR its terms are recorded in writing; and
The contract or written record is signed by the party against whom the contract was sought to be enforced
Exemption to the exemption (Doctrine of part performance) Part 1
1.Is there an enforceable agreement but for s24 of the property laws act 2007
Exemption to the exemption (Doctrine of part performance) Part 2
- Has there been part performance of a contractual agreement to do something that is
a. Clearly a step in performance of a contractual obligation or right under that agreement; and
b. was on the balance of probabilities done on the basis that a contract for the sales of land as alleged was in existence.
Exemption to the exemption (Doctrine of part performance) Part 3
- Do the circumstances in which the part performance took place make it unconscionable for the defendant to take advantage of s24 of the property laws act
Part performance is…
Acts that can clearly be said to be part performance in contractual obligations
The act by the party looking to enforce the contract, amounted to part performance.
