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Contracts - Do They Have To Be In Writing?

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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,  t 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!

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"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
A.Marsh
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.

Rina

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!"

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"My neighbour had her bag snatched in the main st of Papakura. Her insurance company will pay to get the locks replaced for her house but not for her car. I think this is extremely unfair as her car was not the target for the theft.

We agree . . . Insurances Companies are increasingly relying on small print and NOT saying at the time the insurance is taken out that a car insurance does NOT cover items pinched from inside the car, and, in this case, obviously consider that the car is not similar to the house. It is best to get your Policy and sit down with an Insurance Company Rep. and try and discuss every little thing that could arise for which you would like to have coverage. - Netlaw"

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"Coverage is very good. I would appreciate a bit more detail on expiry dates for Copyright. Genna T.
BOP.

Netlaw replies - Will do."

Feedback/Blogs/Reviews from related topic: Alternative Dispute Resolution
"The fact examples or samples really helped me. Your topic also gave me confidence to speak up for myself. My case was a simple car accident but the other driver wouldn't pay and my lawyer was going to charge me $700 just to help. Netlaw allowed me successfully to "go it alone". Thanks. Thanks. I am on to making my own will now. Miriam (and hubbie)"
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