TAS Verbal Contract

[DonaldMcTrump]

In Tasmania can two persons enter into a "Verbal Contract" (partnership) for a retail business that will last more than 1 year (9 years in this circumstance)? Because I know that in Victoria the Law states that, " You cannot enter into a “Verbal contract” for Real Estate, or for agreements that are going to last more than 1 year.” Any feedback information would be highly appreciated. And can anyone point me to the relevant Laws related to that question, I did read all the way through "The Tasmania Partnership Act 1880: Regards, Douglas

 

[Rod]

you cannot enter into a “Verbal contract” for Real Estate

Agree

You cannot enter into ...... agreements that are going to last more than 1 year

Disagree

What is the issue that is in dispute? and what is the nature of the partnership? and what is nature of the verbal contract?

Too many unknowns to comment.

 

[DonaldMcTrump]

The issue in the dispute is that a former (retail premises) landlord of seven years evicted us during the Covid-Lockdown of 2020, this in order to place her niece in our shop space where she could gain all the benefits of our building up our successful business model. The Landlord, afraid of potential legal consequences of breaking Covid Lockdown laws went on the offensive and is falsely claiming that she was a verbal business partner, however there never was any such agreement, not real or imagined, and only I am registered as the sole trader for more than seven years, but she has recruited partisan family members to testify that there was a pre-existing verbal agreement from 2012 to 2020. Any advice on that would be highly appreciated.

 

[Rod]

The landlord will have trouble proving a partnership if there are no records over 8 to show some kind of relationship exists.

Where are her emails? transfers of monies (other than rent)? Even with lying family members the landlord will have a hard time proving her claim.

 

[DonaldMcTrump]

Again thank you so much, your comments are highly appreciated and you have given me cause to be a little more confident as we approach this Trial. Yes there simply are no email or text message exchanges across almost eight years for them to show the Landlord was ever engaged in the sharing of the weekly outgoings or even the practical day to day running of things. Actually that Landlord has since passed away, but her husband has stepped in to take over her case. They are Vietnamese and losing face is apparently a very real issue for that culture and so they fight on no matter what. They are also rolling the dice on two fabricated documents, that in essence are agreements, not in anyway between us and them, but between themselves and their family members. Both documents discuss a partnership situation with us. From our unique vantage point, there is no doubt that they are both fabrications designed to add legitimacy to their allegations, because one is an alleged 2014 email which discusses them having a 50% share in our business, but given the fact that they were not a shareholder in 2014 or at any other time, we can only conclude that they are knowingly presenting a fake Hotmail email to the Supreme Court, we think they're confidence is born of the fact that their eldest son owns an IT company in Melbourne, and so perhaps they think that he know ways to fool the Court, maybe they are correct, maybe Forensics wont pick up their deception, in any case, them rolling the dice like that seems somewhat reckless. Regards, and many thanks, Donald

 

[Rod]

With emails, get an IT expert to examine the original emails, not copies. Extra information can be obtained from an original email that is not in a copy or forwarded email.

With the documents, get an IT expert to examine the original documents as they also can contain hidden information.

And in any case, discussions are not evidence of an agreement.

 

[DonaldMcTrump]

I cannot thank you enough, your comments are so very helpful and they really have given us piece of mind in what has been a very difficult two years already, Best Regards, Donald

 

[DonaldMcTrump]

Dear Rod,
I hope you are well. Rod I keep looking for an answer to my original question, which you read a couple of weeks ago, but I simply just cannot find that answer, and please forgive me but may I ask you one more time please? My question was, I know that "In Victoria two persons cannot enter into a "Verbal Contract" (partnership) for a retail business that will last for more than 1 year? And I just am wanting know if that same Law exists in Tasmania, truly I have looked everywhere but just cant come up with that answer, if you could confirm that Law or point me to the relevant Laws related to that question you just could save my life? Ty

 

[Tim W]

What exactly are you trying to prove (or disprove) here?
I ask because the question, in the way you ask it, even if there was enough to go on
(which, as @Rod has said above, there currently isn't)
it's not clear if your question is about a retail lease, or the nature of the business (partnership? sole tradership?)
You're using words like shareholder while at the same time talking about a sole trader business.