Mercantile Law Act 1935 (Tas)

Mercantile Law Act 1935

An Act to consolidate and amend certain Statutes relating to trade and commerce and the limitation of actions [Royal Assent 16 January 1936]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Mercantile Law Act 1935 .

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6. Certain parol promises and agreements not actionable No action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.

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11. Representations of character to intent that credit be given, actionable only if in writing No action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may thereby obtain credit, money, or goods, unless such representation or assurance be made in writing, signed by the party to be charged therewith.