Form

Question 1

General rule for form…

Answer 1

-Contracts do not have to be in writing

-An oral contract is just as enforceable than a written one

Question 2

Deeds…

Answer 2

Has to be in writing

has to be witnessed by somebody

does not need concideration

Question 3

Statutory exceptions (Contracts that have to be in writing)

Answer 3

• Real estate agent commission
• Employment contracts
• Relationship property agreements
• property law act 2007 (Sale and purchase of land)

Question 4

Contracts for the disposition of land is not enforceable by action unless…

Answer 4

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

Question 5

Exemption to the exemption (Doctrine of part performance) Part 1

Answer 5

1.Is there an enforceable agreement but for s24 of the property laws act 2007

Question 6

Exemption to the exemption (Doctrine of part performance) Part 2

Answer 6

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.

Question 7

Exemption to the exemption (Doctrine of part performance) Part 3

Answer 7

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

Question 8

Part performance is…

Answer 8

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.