Joinder to a later unsigned document?

Dixon, William M. (2008) Joinder to a later unsigned document? The Queensland Lawyer, 28, pp. 276-277.

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It is well known that a statutory requirement of formality is associated with contracts concerning land. In this regard, s 59 of the Property Law Act 1974 (Qld) provides:

No action may be brought upon any contract for the sale or other disposition of land or any interest in land unless the contract upon which such action is brought, or some memorandum or note of the contract, is in writing, and signed by the party to be charged, or by some person by the party lawfully authorised.

In addition to the possibility of a formal contract, the statutory wording clearly contemplates reliance on an informal note or memorandum. To constitute a sufficient note or memorandum for the purposes of the statute, the signed note or memorandum must contain details of the parties to the contract, an adequate description of the property, the price and any other essential terms. It is also accepted that the doctrine of joinder may be invoked in circumstances where the document signed by the party to be charged contains an express or implied reference to any other document. In this way, a sufficient note or memorandum may be constituted by the joinder of a number of documents.

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ID Code: 42564
Item Type: Journal Article
Refereed: Yes
Keywords: Commercial and Contract Law, joinder, s 59 of the Property Law Act 1974 (Qld)
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2008 Lawbook Company/Thomson Legal & Regulatory
Deposited On: 12 Jul 2011 21:42
Last Modified: 19 May 2013 22:45

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