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Law Reform (Contract) Act 2009

Commencement: 9/11/2009

REPUBLIC OF VANUATU

LAW REFORM (CONTRACT LAW)
Act No. 23 of 2009

Arrangement of Sections

1. Interpretation
2. Act Binds State
3. Formalities of Deeds
4. Rights of certain non-parties
5. Commencement

REPUBLIC OF VANUATU

Assent: 9/10/2009
Commencement: 9/11/2009

LAW REFORM (CONTRACT LAW)
ACT NO. 23 OF 2009

An Act to amend certain aspects of the common law relating to contracts and for related purposes.

Be it enacted by the President and Parliament as follows-

1. Interpretation

In this Act unless the contrary intention appears:
instrument means any document containing the terms of a contract between two or more parties.

2. Act Binds State

This Act binds the State.

3. Formalities of Deeds

(1). Every deed must:

(a). be signed by every party to be bound by it; and

(b). be attested by at least one witness not being a party to the deed or a recipient of any benefit under such deed; and

(c). be described, at the commencement of it or otherwise, as a deed or as an agreement under seal.

(2). It is not, unless otherwise required, necessary to:

(a). seal any deed; or

(b). deliver or indent any deed; or

(c). use any particular words of attestation by a witness to a deed.

(3). An instrument which is executed as required by this section is to have the same effect as a deed executed in accordance with the law in force immediately prior to the commencement of this Act.

(4). Nothing in subsection 3) is taken to modify any consequence otherwise arising from the alteration of any instrument.

4. Rights of certain non-parties

(1). Where an instrument expressly purports to confer any benefit on a person who is not a party to the instrument, that benefit may, subject to this section, be enforced by that person.

(2). A defendant to an action commenced under subsection (1) is to have available all defences and counterclaims as would have been available if the claimant were a party named by the instrument.

(3). Each person named by the instrument as a party is to be joined to any action commenced under subsection (1).

(4). Unless the terms contained in the instrument require otherwise, the parties named by the instrument may, by mutual consent or such other method as the terms may provide, cancel or vary a benefit conferred on a person who is not a party to the instrument at any time before any action is commenced under subsection 1) in respect to the instrument.

5. Commencement

This Act commences on the day on which it is published in the Gazette.