point of view of function, to constitute a deed a document must do one of the
following -
(i) pass an interest, right or property, (ii) affirm or confirm some
current or prior transaction that passes an interest, right or property, or (iii)
create an obligation binding on the parties.
537
(2)
The document has to use words in some set formula.
(3)
The document has to be on or in some special form. This is commonly
the case for processes in dealing with the government, for example
incorporating a company or registering title documents to land.
(4)
The document must be in writing of a certain minimum size. Such a
requirement is often imposed on contracts to protect consumers from terms
hidden in the fine print.
(5)
The document must be in writing of a certain coloured ink. Such a
requirement was once imposed by the Book Purchasers’ Protection Act 1899
(NSW). Section 5 applied to contracts for the purchase of books -
the
contracts being defined to catch door-to-door sales. It provided that these
contracts were not valid unless the purchaser was informed of their total
liability under the contract. They had to be so informed by a notice that stated
the purchaser’s liability. This notice had to be written in red ink.
Signature and Witness
Where a document is required for a transaction, there is usually a further
requirement that the party or parties sign the document. There may also be
requirement for the signatures to be witnessed. There may be one, two or
more witnesses required. Sometimes any one can witness a document. At
other times, the witness must be a person in a special category, for example a
justice of the peace, notary, attorney, barrister or solicitor.
Notice
Sometimes a party who is about to enter a legal transaction, or has entered the
transaction, is required to give notice to another party or to some government
agency.
Registration
A very common procedural requirement when dealing with a government
agency is to lodge or register a form or document with the agency. There may
be also a requirement that the transaction or its outcome is put on some
register, which is usually a public register
Tasks in Using Law
Introduction
Several tasks
are involved in using law. One involves applying law to facts.
The three other tasks entail resolving issues, which may concern the proof of
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R v Morton (1873) LR 2 CCR 22
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