Western Australian Current Acts

PROPERTY LAW ACT 1969 - SECT 51

51 .         Effect of covenant with 2 or more jointly

        (1)         A covenant, and a contract under seal, and a bond or obligation under seal, made with 2 or more jointly, to pay money or to make a conveyance, or to do any other act, to them or for their benefit, shall be deemed to include, and shall, by virtue of this Part, imply, an obligation to do the act to, or for the benefit of, the survivor or survivors of them, and to, or for the benefit of, any other person to whom the right to sue on the covenant, contract, bond or obligation devolves, and if the covenant, contract, bond or obligation is made after the coming into operation of this Act it shall be construed as being made with each of them.

        (2)         This section extends to a covenant implied by virtue of this Part.

        (3)         This section applies only if and as far as a contrary intention is not expressed in the covenant, contract, bond or obligation, and has effect subject to the covenant, contract, bond or obligation, and to the provisions thereof.

        (4)         Except as otherwise expressly provided, this section applies to a covenant, contract, bond or obligation made or implied after the coming into operation of this Act.