(i) Binding contract? :
(i) Binding contract? Area of law – formalities
Relevant facts:
Terms (oral or written?)
Cheque / receipt
Letter
Law to be applied
Comply with CPO, s.3 (written contract or memorandum)
Part performance
Applying the law to the facts (1) :
Applying the law to the facts (1) Could an oral discussion between V and P create a binding contract?
No unless there is part performance but no sign of part performance here
But could the cheque for the deposit plus the written receipt amount to a memorandum?
Does the cheque refer to the receipt?
Does the receipt contain enough detail?
Is it Patricia who is trying to back out of the contract?
Applying the law to the facts (2) :
Applying the law to the facts (2) Could the letter from Patricia’s solicitor be a memorandum?
Does it contain all the main terms
Is it headed ‘subject to contract’?
Is it Patricia who is trying to back out of the contract?
Is there a binding contract? :
Is there a binding contract? There may be a contract binding on Patricia (depending on the answers to the questions raised above)
There is no contract binding on Valerie
If there is a binding contract it arose at the time of the original agreement between V and P :
If there is a binding contract it arose at the time of the original agreement between V and P
(ii) What if V had given P the keys and allowed P to make substantial alterations? :
(ii) What if V had given P the keys and allowed P to make substantial alterations? Could be part performance
Is the existence of the contract the most likely explanation for the acts
(iii) :
(iii) Deed needed to transfer legal title (CPO, s. 4(1))