PROPERTY LAW ACT 1974 - SECT 345
Protection of solicitors and others adopting this Act
PROPERTY LAW ACT 1974 - SECT 345
Protection of solicitors and others adopting this Act
345 Protection of solicitors and others adopting this Act
(1) The powers given by this Act to any person, and the covenants, provisions,
stipulations, and words which under this Act are to be deemed to be included
or implied in any instrument, or are by this Act made applicable to any
contract for sale or other transaction, are and shall be deemed in law proper
powers, covenants, provisions, stipulations, and words, to be given by or to
be contained in any such instrument, or to be adopted in connection with, or
applied to, any such contract or transaction, and a solicitor, counsel or
conveyancer shall not be deemed guilty of neglect or breach of duty, or become
in any way liable, because of the person omitting, in good faith, in any such
instrument, or in connection with any such contract or transaction, to
negative the giving, inclusion, implication, or application of any of those
powers, covenants, provisions, stipulations, or words, or to insert or apply
any others in place of them, in any case where this Act would allow of the
person doing so.
(2) Nothing in this Act shall be taken to imply that the
insertion in any such instrument, or the adoption in connection with, or the
application to, any contract or transaction, of any further or other powers,
covenants, provisions, stipulations, or words is improper.
(3) Where the
solicitor, counsel or conveyancer is acting for trustees, executors, or other
persons in a fiduciary position, those persons shall also be protected in like
manner.
(4) Where such persons are acting without a solicitor, counsel or
conveyancer, they shall also be protected in like manner.
