JSB171 Lecture Notes - Lecture 1: Copyright Formalities, Specific Performance, Estoppel
Document Summary
Sale of land contracts structure of answer. Textbook: 389, q & a: q10 answer, study guide: 73. Is there a valid contract: masters v cameron categories pg 110 textbook. Signed by the party to be charged: signature may be handwritten or signed if it is intended to authenticate document (durrell v evans, solicitor cannot sign on behalf, unless expressly authorised (nowrani v (tiverton) If document signed by the party to be charged refers to another document, that document can be joined to the writing signed by the party to be charged (tonitto v bassal) If defendant has other properties, equivocal reference will not satisfy the essential elements (pirie v saunders). Examine equitable estoppel: refer to equitable estoppel notes. Examine constructive trust: where the defendant is unconscionably denying the plaintiff an interest in the land, an action can be brought even though the creation of the interest is not evidenced in writing.
