29 Questions
What was the main purpose of the Statute of Frauds according to its preamble?
To prevent fraudulent practices upheld by perjury
Which type of contracts were required to be in writing under the Statute of Frauds?
Contracts involving marriage consideration
What would make an action unenforceable under Section 4 of the Act?
Special promises to answer for another person's debt
Which provision of the Statute of Frauds was crucial for protecting executors and administrators?
Section 4 regarding promises to answer for others
What action is prohibited unless there is a written agreement under the Statute of Frauds?
Charging an executor from their estate
Why did the Statute of Frauds aim to require written agreements in specific cases?
To avoid fraudulent practices upheld by perjury
In contracts for the sale of land, under what circumstances can a proceeding be brought against a person?
If the agreement is in writing and signed by the person or their authorized agent
Which Act specifically mentions that contracts for sale of land must be in writing and signed by the party to be charged?
Conveyancing Act 1919 (NSW)
What is the consequence of not having a contract for the sale of land in writing?
No action or proceedings can be brought upon it
Who needs to sign the agreement for it to be legally valid in contracts for the sale of land?
The party to be charged or their authorized agent
Which Act affirms that contracts for sale etc. of land must be in writing and signed by the party to be charged?
Law of Property Act (NT)
What is a key requirement for an agreement to be valid in contracts for the sale of land?
Written agreement signed by an authorized agent
What does Section 26(1) of the Law of Property Act 1936 (SA) require for a contract for the sale of land?
The agreement to be in writing and signed by the party to be charged.
What is the significance of Section 26(2) of the Law of Property Act 1936 (SA)?
It outlines exceptions that allow verbal contracts for land sale.
Why is it important for agreements on land sales to be in writing according to the Law of Property Act 1936 (SA)?
To ensure easier enforcement in case of disputes.
What does 'part performance' refer to in the context of Section 26(2) of the Law of Property Act 1936 (SA)?
Performing actions that indicate an oral agreement for land sale.
How does Section 26(1) prevent legal action for land sale contracts?
By requiring written agreements signed by the party to be charged.
What does Statute of Frauds 1677, s 4 continue to apply to in the State?
Special promises to answer damages out of an executor's own estate.
Which passage was deleted from section 4 of the Statute of Frauds 1677?
Passage regarding agreements made upon consideration of marriage.
What aspects are questioned to determine if a document satisfies the statute?
Whether the document sufficiently identifies parties and terms of the contract.
In what case did it raise a question whether a document that comes into existence before the contract can satisfy the statute?
Pirie v Saunders (1961) 104 CLR 149.
What does Statute of Frauds 1677, s 4 no longer apply to in relation to agreements?
Agreements not to be performed within one year.
Which Acts in various States are related to Statute of Frauds provisions as per the text?
Sale of Goods Act 1896 (Tas).
What did Isaacs and Rich JJ state about an act of part performance in McBride v Sandland?
It must be done by the party relying on it on the faith of the agreement
Which judges accepted Lord Selborne’s statement of the law in Cooney v Burns?
Knox CJ, Isaacs, Higgins, Gavan Duffy, and Starke JJ
What is required for moral turpitude to be established?
An act of part performance by the party relying on it on the faith of the agreement
What did the appellant in this Court case argue regarding Lord Selborne’s unequivocal referability requirement?
It has never been a reason for any decision
In what case did Isaacs, Rich and Powers JJ accept Lord Selborne’s statement of the law?
McBride v Sandland
What is necessary for an act of part performance to establish moral turpitude?
Reliance from one party
Test your knowledge on the successor provisions to the 1677 English statute known as the Statute of Frauds. Explore the impact of this statute on contract enforcement and its reception in the Australian colonies.
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