Commentary

11 When it is conventional to use a deed

COMMERCIAL CONTRACTS vol 7(2)

11 When it is conventional to use a deed

11 When it is conventional to use a deed

  1. 11.1

        Doubts about consideration: A deed will normally be used where:

    1. 11.1.1

          past consideration is no consideration1; or

    2. 11.1.2

          it is uncertain whether consideration has moved from the promisee (ie has consideration been provided in return for a promise?)2.

  2. 11.2

        Extended limitation period: To commence legal action for breaches of a contract if a contract is executed as a deed, the limitation period is extended from 6 years to 12 years3.

  3. 8.3

        Amendments and novations: It may not be clear that any of the parties is providing consideration when a

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