Formal Requirements

What does s 51 of the LCLRA 2009 state regarding contracts for the sale of land?

no action shall be brought to enforce any contract for the sale of land unless the agreement or memorandum of iy is in writing and signed by the person whom the action is brought or that person’s authorised agent.

What was held in Phoenix Rock Enterprise v Hughes [2025]?

A claim was dismissed of an alleged oral agreement for the sale of land as no enforceable contract existed.

What is required in a contract for the sale of land?

parties, price, property + any other material terms + signature of defendant/agent.

What is the relevant rule in the Electronic Commerce Act 2000?

a note or memorandum in writing includes emails.

What was held in Shirley Engineering Ltd v Irish Telecommunications Investment [1999]?

If 3 P’s set out, the contract will be enforceable unless it is clear that parties intended additional provisions. If it cannot be proven that the parties had reached an oral agreement on all other essential terms then the agreement will be void for uncertainty.

What was held in Boyle v Lee and Goyns [1992]?

A contract which says ‘subject to contract’ implied the contract is still under negotiation and cannot form a concluded agreement.

What was held in Supermacs Ireland Ltd v Katesan (Naas) Ltd [2009]?

If there is no agreement between the parties about a deposit this cannot then be used.