What is the test for an oral agreement for the sale of land?
Alberta, Canada
The following excerpt is from Jusza v. Dobosz, 2003 ABQB 512 (CanLII):
The acts of the person proving the alleged oral agreement for the sale of land must be found to be unequivocally referable to the alleged oral sale agreement and nothing less. By their own nature the conduct must be referable to the alleged contract. The acts must speak for themselves and must point unmistakably to a contract affecting the ownership or the tenure of the land and to nothing less: Booth v. Knibb Developments 2002 ABCA 180.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an agreement by the parties of Fort McMurray (City) and the Agreement of Agreement give the parties the authority to set up an enforcement board? (Alberta, Canada)
What is the test for establishing if a written agreement is binding on a land agreement? (Alberta, Canada)
Is there any difference between the provisions of an earlier collective agreement and that of the current collective agreement? (Alberta, Canada)
Can compensation for taken land not include the value of the land and the capitalized profit from it? (Alberta, Canada)
Is the Settlement Agreement properly characterized as a Pierringer agreement? (Alberta, Canada)
What is the fiduciary duty of an individual in a relationship where there is no written agreement or binding agreement? (Alberta, Canada)
Can a written agreement be enforced if the written agreement is not executed? (Alberta, Canada)
Can an agreement for the sale and purchase of land be styled as a real estate form? (Alberta, Canada)
Can a vendor cancel an agreement where a purchaser defaults and all moneys paid under the agreement are forfeited to the vendor? (Alberta, Canada)
Is misdescription of a piece of land included in a certificate of title to a parcel of land invalid? (Alberta, Canada)
