Statute of Frauds Successor Provisions Quiz

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Questions and Answers

What was the main purpose of the Statute of Frauds according to its preamble?

  • To establish the law in Australian colonies
  • To regulate the sale of goods
  • To enforce verbal contracts
  • To prevent fraudulent practices upheld by perjury (correct)

Which type of contracts were required to be in writing under the Statute of Frauds?

  • Verbal agreements witnessed by a third party
  • Oral agreements between friends
  • Contracts for services under $100
  • Contracts involving marriage consideration (correct)

What would make an action unenforceable under Section 4 of the Act?

  • Special promises to answer for another person's debt (correct)
  • Any contract involving goods or services
  • Agreements performed within one year
  • Verbal agreements witnessed by family members

Which provision of the Statute of Frauds was crucial for protecting executors and administrators?

<p>Section 4 regarding promises to answer for others (A)</p> Signup and view all the answers

What action is prohibited unless there is a written agreement under the Statute of Frauds?

<p>Charging an executor from their estate (A)</p> Signup and view all the answers

Why did the Statute of Frauds aim to require written agreements in specific cases?

<p>To avoid fraudulent practices upheld by perjury (A)</p> Signup and view all the answers

In contracts for the sale of land, under what circumstances can a proceeding be brought against a person?

<p>If the agreement is in writing and signed by the person or their authorized agent (C)</p> Signup and view all the answers

Which Act specifically mentions that contracts for sale of land must be in writing and signed by the party to be charged?

<p>Conveyancing Act 1919 (NSW) (D)</p> Signup and view all the answers

What is the consequence of not having a contract for the sale of land in writing?

<p>No action or proceedings can be brought upon it (B)</p> Signup and view all the answers

Who needs to sign the agreement for it to be legally valid in contracts for the sale of land?

<p>The party to be charged or their authorized agent (C)</p> Signup and view all the answers

Which Act affirms that contracts for sale etc. of land must be in writing and signed by the party to be charged?

<p>Law of Property Act (NT) (A)</p> Signup and view all the answers

What is a key requirement for an agreement to be valid in contracts for the sale of land?

<p>Written agreement signed by an authorized agent (B)</p> Signup and view all the answers

What does Section 26(1) of the Law of Property Act 1936 (SA) require for a contract for the sale of land?

<p>The agreement to be in writing and signed by the party to be charged. (B)</p> Signup and view all the answers

What is the significance of Section 26(2) of the Law of Property Act 1936 (SA)?

<p>It outlines exceptions that allow verbal contracts for land sale. (B)</p> Signup and view all the answers

Why is it important for agreements on land sales to be in writing according to the Law of Property Act 1936 (SA)?

<p>To ensure easier enforcement in case of disputes. (A)</p> Signup and view all the answers

What does 'part performance' refer to in the context of Section 26(2) of the Law of Property Act 1936 (SA)?

<p>Performing actions that indicate an oral agreement for land sale. (B)</p> Signup and view all the answers

How does Section 26(1) prevent legal action for land sale contracts?

<p>By requiring written agreements signed by the party to be charged. (D)</p> Signup and view all the answers

What does Statute of Frauds 1677, s 4 continue to apply to in the State?

<p>Special promises to answer damages out of an executor's own estate. (A)</p> Signup and view all the answers

Which passage was deleted from section 4 of the Statute of Frauds 1677?

<p>Passage regarding agreements made upon consideration of marriage. (D)</p> Signup and view all the answers

What aspects are questioned to determine if a document satisfies the statute?

<p>Whether the document sufficiently identifies parties and terms of the contract. (C)</p> Signup and view all the answers

In what case did it raise a question whether a document that comes into existence before the contract can satisfy the statute?

<p>Pirie v Saunders (1961) 104 CLR 149. (A)</p> Signup and view all the answers

What does Statute of Frauds 1677, s 4 no longer apply to in relation to agreements?

<p>Agreements not to be performed within one year. (B)</p> Signup and view all the answers

Which Acts in various States are related to Statute of Frauds provisions as per the text?

<p>Sale of Goods Act 1896 (Tas). (A)</p> Signup and view all the answers

What did Isaacs and Rich JJ state about an act of part performance in McBride v Sandland?

<p>It must be done by the party relying on it on the faith of the agreement (C)</p> Signup and view all the answers

Which judges accepted Lord Selborne’s statement of the law in Cooney v Burns?

<p>Knox CJ, Isaacs, Higgins, Gavan Duffy, and Starke JJ (A)</p> Signup and view all the answers

What is required for moral turpitude to be established?

<p>An act of part performance by the party relying on it on the faith of the agreement (A)</p> Signup and view all the answers

What did the appellant in this Court case argue regarding Lord Selborne’s unequivocal referability requirement?

<p>It has never been a reason for any decision (A)</p> Signup and view all the answers

In what case did Isaacs, Rich and Powers JJ accept Lord Selborne’s statement of the law?

<p>McBride v Sandland (C)</p> Signup and view all the answers

What is necessary for an act of part performance to establish moral turpitude?

<p>Reliance from one party (C)</p> Signup and view all the answers

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