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Sale of Land Contracts

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Nick Dowse Sale of Land Contracts – Structure of Answer Textbook: 389, Q & A: Q10 answer, Study Guide: 73 Structure of Answer 1. Is there a valid contract? a. Masters v Cameron categories – pg 110 textbook. 2. Is there an enforceable contract? 3. General rule: “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.” (s 59 PLA) 4. Must contain all the essential terms of the contract (Harvey v Edwards) a. Sufficient description of the parties (Williams v Byrnes) b. Sufficient description of the subject matter (Pirie v Saunders) c. Consideration for the promise (Burgess v Cox) d. Time of completion, if essential (time is of the essence) e. Any other terms which are essential f. Acknowledgement of agreement (Tiverton Estates v Wearwell) g. The writing is insufficient if the agreement is made “subject to contract” (Tiverton) 5. Signed by the party to be charged a. Signature may be handwritten or signed if it is intended to authenticate document (Durrell v Evans) b. Solicitor cannot sign on behalf, unless expressly authorised (Nowrani v Brown) 6. If any part of above not satisfied, examine joinder doctrine. a. Start with document signed by party to be charged – party denying contract. b. Several documents may be joined to form a single memorandum where one expressly or impliedly refers to the other (Timmins v Moreland) c. Physically connected documents are impliedly joined (Pearce v Gardner) d. Documents executed at the same time are impliedly joined (Timmins) e. If document signed by the party to be charged refers
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