LAWS105 Lecture Notes - Lecture 3: Miscarriage, Sydney Law Review, United States Contract Law
Document Summary
Week 3 lecture: any contract for a transfer of land absolutely has to be in writing etc. It is declared that the requirements of subsections (1) may be met in accordance with the electronic transactions (vic) act 2000. Facts: p (elias) sought specific performance of oral contract for sale of land, two documents relied on, receipt for deposit signed by d. Letter by p"s lawyer containing all material terms. Non contractual common law rights: property, proprietary rights may pass under the contract, deposit may also be retained in some cases, action for debt (in some cases, remedy in restitution for unjust enrichment, compensation for benefit conferred. Pavey 7 matthews v paul (1986) 162 clr 221. What is this doctrine: where obligations under alleged contract have been partly performed equity may enforce. Why does the doctrine exist: to prevent reverse fraud by a party using statute as defence to performing obligations under a contract they have in fact made.
