30 Nov 2018
FRASER v MCHARDY [2018] NZCA 545
- Citation
- [2018] NZCA 545
- Court
- Court of Appeal
No binding contract existed because the handwritten note lacked essential terms (possession date, deposit arrangements, GST certainty), there was no evidence Ian had authority to bind his brother/partnership for a sale outside the ordinary course of business, and the parties clearly intended to be bound only by a subsequently executed written agreement; consequently part performance could not be relied on to enforce a contract.