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Contracts Enforcement Act 1956 (Replaced)

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Do all contracts have to be in writing?

The simple answer is NO, unless the contract relates to land, mortgages or guarantees.  We will return to those contracts shortly but remember  - Contracts must be in writing for :

  • Land
  • Mortgages
  • Guarantees

However, it is wise to record any agreement or contract in writing because, if the agreements are accurately recorded, there can be no room for argument at a later stage.

Often, when there is an argument in a Civil Court about the terms of a contract, one of the major grounds of disagreement is usually about what was actually meant or agreed to by the parties to the contract in the first place.

Matrimonial Property Agreements under the Property (Relationships Act) 1976 should be in writing and you should visit our specialist topic dealing with those matters.

See our site entitled : Property ( Relationships ) Act 1976

You should visit our specialist topic entitled  Contracts and Contract Law

In that topic we discuss how to record basic agreements.

The golden rule is always to be certain and accurate in recording the agreements.

But for many centuries in English law,  It has been part of the law that contracts to do with land, mortgages over land and guarantees are so important that the law requires them to be in writing or at least partially evidenced in writing.

In England,  these laws were embodied in what was known as the Statute of Frauds.

In New Zealand, similar principles were found in the Contracts Enforcement Act 1956.

The following sections of the Property Law Act 2007 replace the former Contracts Enforcement Act 1956.  The effect of the new sections is the same as the old Act......The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!

Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"Membership No 186685
I have been unable to acquire any case law in regards to bankruptcy. I am thge alleged defendant in the matter and have opposed the application for bankruptcy as I am not the defendant. The case is now at the stage of the high court requiring a synopsis under 251a, I wish to make submissions in not being notified of the hearing at the district court after the notice of proceeding was served. The matter then got judgement without my knowledge and is now before the high court for bankruptcy. Please advise the procedure to locate any supportive case law that may assist with my application to set aside the bankrupcy claim.

Kindest Regards
I "

"You will certainly get a rehearing if you were not notified but, if you simply misread the documents you were originally served with then you could be in trouble. You must actively follow up on your obligation to file and serve a defence and not just wait for the Court to come to you. Good luck . . . Netlaw "
"Likewise . . . very helpful. Thanks. Gerald - May 2007 - Tauranga"
"Received notice from a creditors lawyer that they wish to put in companiy into liquidation and I have up to today upon receiving their letter. A Statory Demand was intially sent on 7 Aril 2008, which I reponded with a reply explaining that an arrangement (verbal) had been entered in by both parties which was to continue supply, once company got post dated cheques, company stopped surpply and but still continued to present cheques which was not the agreement which was entred into.
What position does that leave me if I want to legal challenge this. Without causing me excessive expresses.


Netlaw responds: If you say that they cannot properly sue because there was a new agreement for time payment, then you can apply for an injunction saying that the Statutory Demand Notice is wrong. But it will cost you. An injunction should not be done without legal advice. Type up a Statement setting out precisiely all the facts as you know them and see a lawyer as soon as possible. A letter shouid be sent to the other side saying how inappropriate the Demand procedure is when the subsequent agreement between the parties was made and kept by you. But you must get your facts right!"

Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"I found all this Company Law stuff really helpful. Not too academic but enough to get a really good grounding in some of the pitfalls. You need to read all the company topics to get a handle on this huge area. Anthony - Christchurch - April 2007"
Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"I found all these contract topics interesting and helpful. JD. Napier December 2006"
Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
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