Chapter 9 Self-test questions

. To which type of agreement does the Statute of Frauds 1677 apply?

Indemnities (unconditional promises).

Guarantees (conditional promises).

The Statute applies to both (a) and (b).

None of the above.

. What type of communication will satisfy the requirement for a signature in section 4 of the Statute of Frauds 1677?

An email signed off with a person's first name.

A manual signature.

The manual insertion of an email address.

All the above.

. What is the effect of non-compliance with the Statute of Frauds 1677?

The contract is rendered void.

The contract is rendered voidable.

The contract is unenforceable.

The contract is valid and enforceable.

. Does section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 apply to contracts which effect a sale or disposition of an interest in land?

Yes.

No.

. Which of the following types of agreement are covered by section 2 of the Law of Property (Miscellaneous Provisions) Act 1989?

A 'lock-out' agreement.

The payment of a 'finder's fee' regarding the sale of property.

A contract providing the option to purchase land.

All of the above are covered by section 2 of the Act.

. How does section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 differ from section 4 of the Statute of Frauds 1677?

The 1989 Act requires the contract to be made in writing, not evidenced in writing.

The 1989 Act requires the contract to be evidenced in writing, not necessarily made in writing.

The 1989 Act does not cover transfers of legal title to property.

The 1989 and 1677 Acts do not differ.

. May a party invoke promissory estoppel to circumvent the operation of section 4 of the Statute of Frauds 1677?

Yes, always.

Yes, where it would be inequitable to deny the claim.

Yes, if there was an oral promise on which the other party replied,

No.

. How may section 4 of the Statute of Frauds 1677 be complied with where a contract was formed orally?

The parties may orally waive the application of the Statute.

The parties may support their oral promise with a written note or memorandum.

The parties may apply to the court to have the Statute waived.

The parties will be unable to comply with the Statute, and the oral contract will be unenforceable.

. Does section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 preclude claims in proprietary estoppel?

Yes.

No.

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