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12 Cards in this Set

  • Front
  • Back
Section 1-what needs to be in writing
s.1(1)-writing not required subject to s.1(2)(a)(i)
S.1(2)(a)(i)-obligations relating to a real right in land (property)
'A real right in land'
Property rights, 'enforceable against the world'
Must be in writing
Missives for sale
Section 2(1)
Must be subscribed by the granter
S.7(1) - subscribe, to make it formally valid
Section 2(1)
Must be subscribed by the granter
S.7(1) - subscribe, to make it formally valid
Section 3
If the contract has a witness the document will stand as a self proving document
Exception to the general rule
S.1(2)(a)(ii)-promise
Except promises in the course of business
Exception to the general rule
S.1(2)(a)(ii)-promise
Except promises in the course of business
S.1 ss3 and ss4 - more general exception
Only if not in writing
Exception to the general rule
S.1(2)(a)(ii)-promise
Except promises in the course of business
S.1 ss3 and ss4 - more general exception
Only if not in writing
4 Conditions for exception
1.essentially valid
2.reliance
3.knowledge and acquiescence
4.materially predudiced