Deed Or An Agreement

Given the bar`s love for language – and its often confusing use of words for similar principles – it is not surprising that some are confused between “deeds” and “agreements”. In 400 George Street (Qld) Pty Ltd v BG International Ltd [2010] QCA 245, the Queensland Court of Appeal found that the words used in the document “exported as an act” and “by the performance of that act” clearly expressed the intention that the document was an act and not an agreement. Delivery can be inferred from any fact or circumstance, including words or behaviors. The mere execution of the document in the form of a deed does not itself mean a delivery, unless it appears that the execution was conceived as a delivery.. . . .

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