{"id":"tas:act-1935-092","name":"Mercantile Law Act 1935","slug":"mercantile-law-act-1935","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"92 of 1935","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110601,"registerId":"tas-act-1935-092-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Mercantile Law Act 1935](/view/html/inforce/2026-04-12/act-1935-092) .","sortOrder":0},{"sectionNumber":"2.","sectionType":"section","heading":null,"content":"### 2.\n\n*\\[Section 2 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":1},{"sectionNumber":"3.","sectionType":"section","heading":null,"content":"### 3.\n\n*\\[Section 3 Repealed by No. 98 of 1974, s. 40 and Sched. 1, Pt. II \\]*","sortOrder":2},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n*\\[Section 4 Amended by No. 21 of 1973, s. 5(3) \\]* *\\[Section 4 Repealed by No. 98 of 1974, s. 40 and Sched. 1, Pt. II \\]*","sortOrder":3},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n*\\[Section 5 Repealed by No. 98 of 1974, s. 40 and Sched. 1, Pt. II \\]*","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Certain parol promises and agreements not actionable","content":"### 6 Certain parol promises and agreements not actionable\n\n> *\\[Section 6 Amended by 25 Geo. V No. 78 \\]*No action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person; or to charge any person upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.","sortOrder":5},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.\n\n*\\[Section 7 Repealed by No. 98 of 1974, s. 40 and Sched. 1, Pt. II \\]*","sortOrder":6},{"sectionNumber":"8.","sectionType":"section","heading":null,"content":"### 8.\n\n*\\[Section 8 Repealed by No. 98 of 1974, s. 40 and Sched. 1, Pt. II \\]*","sortOrder":7},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n*\\[Section 9 Repealed by No. 98 of 1974, s. 40 and Sched. 1, Pt. II \\]*","sortOrder":8},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n*\\[Section 10 Repealed by No. 98 of 1974, s. 40 and Sched. 1, Pt. II \\]*","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Representations of character to intent that credit be given, actionable only if in writing","content":"### 11 Representations of character to intent that credit be given, actionable only if in writing\n\n> No action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may thereby obtain credit, money, or goods, unless such representation or assurance be made in writing, signed by the party to be charged therewith.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Consideration for guarantee need not appear in writing","content":"### 12 Consideration for guarantee need not appear in writing\n\n> No special promise to be made by any person to answer for the debt, default, or miscarriage of another person, being in writing, and signed by the party to be charged therewith or some other person by him thereunto lawfully authorized, shall be deemed invalid to support an action, suit, or other proceeding to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing, or by necessary inference from a written document.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Surety discharging the liability to be entitled to assignment of all securities held by, and to stand in the place of, the creditor","content":"### 13 Surety discharging the liability to be entitled to assignment of all securities held by, and to stand in the place of, the creditor\n\n> > (1)  Every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, shall pay such debt or perform such duty, shall be entitled to have assigned to him, or to a trustee for him, every judgment, specialty, or other security which shall be held by the creditor in respect of such debt or duty, whether such judgment, specialty, or other security shall or shall not be deemed at law to have been satisfied by the payment of the debt or performance of the duty.\n> \n> > (2)  Such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any action or other proceeding in order to obtain from the principal debtor, or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty.\n> \n> > (3)  Such payment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding by him.\n> \n> > (4)  No co-surety, co-contractor, or co-debtor shall be entitled to recover from any other co-surety, co-contractor, or co-debtor, in manner aforesaid, more than the just proportion to which, as between those parties themselves, such last-mentioned person shall be justly liable.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"After judgment or non-suit in quare clausum fregit plaintiff barred","content":"### 14 After judgment or non-suit in quare clausum fregit plaintiff barred\n\n> In all actions of trespass *quare clausum fregit* wherein the defendant shall disclaim in his plea to make any title or claim to the land in which the trespass is by the declaration supposed to be done, and the trespass be by negligence or involuntary, the defendant shall be admitted to plead a disclaimer, and that the trespass was by negligence or involuntary, and a tender or offer of sufficient amends for such trespass before the action brought, whereupon, or upon some of them, the plaintiff shall be enforced to join issue; and, if the said issue be found for the defendant, or the plaintiff be non-suited, the plaintiff shall be barred from the action and all other proceedings concerning the same.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Interpretation of \"action\"","content":"### 15 Interpretation of \"action\"\n\n> For the purposes of this Act ***action*** shall include any form of proceeding appropriate to the matter in relation to which the term is used.","sortOrder":14},{"sectionNumber":"SCHEDULE 1 - Repeals","sectionType":"part","heading":"SCHEDULE 1 - Repeals","content":"# SCHEDULE 1 - Repeals SCHEDULE 1 - Repeals\n\n[Section 2](#GS2@EN)\n\n| Regnal year and number. | Title of Act. | Extent of repeal. |\n| 21 Jac. I, c. 16 | An Act for Limitation of Actions and for awarding Suits in Law | The whole Act |\n| 29 Car. II, c. 3 | An Act for Prevention of Frauds and Perjuries | The whole Act |\n| 9 Geo. IV, c. 14 | An Act for rendering a Written Memorandum necessary to the Validity of certain Promises and Engagements | The whole Act |\n| 22 Vict. No. 3 | Mercantile Law Act 1858 | The whole Act |","sortOrder":15}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act has shrunk dramatically from its original scope. The Schedule shows it originally repealed four old English statutes and presumably replaced their provisions. However, sections 2-5, 7-10 have all been repealed by later legislation (notably the Statute Law Revision Act 1974), leaving only the Statute of Frauds provisions (written contract requirements) and surety rights. What began as a comprehensive mercantile law reform is now essentially a fragment dealing only with guarantees and written contract requirements."},"complexity_factors":["Only 6 substantive sections remain from original Act (sections 2-5, 7-10 repealed)","Archaic legal language throughout ('parol', 'specialty', 'quare clausum fregit', 'hereditaments')","Section 6 contains a single long sentence with multiple nested conditions and exceptions","Cross-references to repealed Imperial statutes in Schedule 1 (21 Jac. I, 29 Car. II, etc.)","No defined terms section except single definition of 'action' in section 15","Section 13 contains four subsections with cumulative procedural rights creating layered entitlements"],"plain_english_summary":"This is a short, old piece of legislation from 1935 that deals with contract law and guarantees. It has four main active parts:\n\n**1. Written contracts required for certain promises (Section 6)**\nYou can't sue someone based on a verbal (spoken) promise for:\n- An executor promising to pay a debt from their own pocket\n- Someone promising to pay another person's debt (a 'guarantee')\n- Agreements made in consideration of marriage\n- Contracts for buying or selling land\n- Agreements that can't be completed within one year\n\nThese must be in writing and signed by the person being sued.\n\n**2. Credit references must be in writing (Section 11)**\nIf you give a verbal reference about someone's character or creditworthiness so they can get a loan or goods, you can't be sued over that verbal reference. It must be in writing and signed.\n\n**3. Guarantees don't need to show payment in the document (Section 12)**\nIf you sign a written guarantee for someone else's debt, the document doesn't need to spell out what you got in return (the 'consideration'). The guarantee is still valid even if the writing doesn't mention what the guarantor received.\n\n**4. Guarantors who pay can step into the creditor's shoes (Section 13)**\nIf you pay off someone else's debt that you guaranteed, you can:\n- Take over any security the creditor held (like mortgages or judgments)\n- Sue the original debtor to get your money back\n- Use the creditor's name in court if needed\n\nHowever, if there are multiple guarantors, you can only recover your fair share from the others, not the whole amount.\n\n**Note:** Most of this Act has been repealed over the years. Only sections 6, 11, 12, 13, 14, and 15 remain in force. Section 14 deals with old-fashioned trespass law and is largely obsolete."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act, as drafted, both replaced several earlier statutes (Schedule 1 repeals) and has itself been altered by later amendments and repeals. Multiple sections are marked as repealed (sections 2, 3, 4, 5, 7–10 by No. 98 of 1974; other amendments noted), so the operative scope has narrowed to the remaining provisions governing enforceability of certain oral promises, written-guarantee formalities, surety assignment and indemnity rights, a limited trespass pleading rule, and the interpretive definition of 'action'."},"complexity_factors":["Partial repeals and later amendments cited in the text (e.g. 25 Geo. V No. 78; No. 21 of 1973; No. 98 of 1974) fragment the original statute and complicate identifying present law.","Interplay with statute-of-frauds-style writing and signature requirements (section 6 and section 11) creates evidentiary and formality issues for commercial dealings.","Surety rights (section 13) create procedural and substantive mechanics: assignment of securities, stepping into creditor's shoes, and indemnity claims.","Archaic common-law pleading concept retained for trespass (section 14: quare clausum fregit) may require specialised procedural knowledge.","Definition provision (section 15) affects scope by broadening 'action' to multiple procedural forms.","Schedule 1 repeals older Acts, meaning historical sources and prior regimes must be checked to trace changes."],"plain_english_summary":"This Act requires certain oral promises and assurances to be in writing and signed before they can be enforced (covering guarantees, credit-related representations, contracts over one year, and land-related contracts), confirms a signed guarantee need not state its consideration, gives a surety who pays a right to assigned securities and to sue for indemnity, and limits proceedings in specific trespass claims. It affects executors, guarantors, creditors, sureties and parties in credit or land transactions by shifting proof and compliance costs toward written documentation."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to determine whether the Act's scope has changed from its original intent. Only status and administrative metadata was available for review. The Act appears to remain in force in its consolidated form as of 1 February 1997 to date, suggesting ongoing relevance in its original area of mercantile/commercial law."},"complexity_factors":["Only administrative metadata was provided — no substantive legal provisions were available for analysis, limiting assessment of true legal complexity","The Act dates from 1935, meaning it may use archaic legal language and concepts that are harder to interpret","Mercantile law as a subject area can involve overlapping federal and state jurisdictions (e.g., some commercial law is now governed by national uniform laws)","Multiple amendments since 1935 (referenced in the Table of Amendments) may have changed the law significantly, creating potential inconsistencies between original and current text","The complexity score is kept low because insufficient content was provided to assess the actual legal intricacy of the provisions"],"plain_english_summary":"The Mercantile Law Act 1935 (Tas) is a long-standing statute that sets out the legal framework for everyday commercial dealings—contracts, sale of goods, debts, guarantees—and governs how business disputes and obligations are resolved in Tasmania. It affects businesses and individuals who buy or sell goods, lend or borrow, or provide guarantees in the state.\n\nNote: the provided text only includes administrative/status material; the Act’s substantive provisions are not reproduced here, so consult a Tasmanian commercial lawyer for specific advice."}},"importantCases":[],"_links":{"self":"/api/acts/mercantile-law-act-1935","history":"/api/acts/mercantile-law-act-1935/history","analysis":"/api/acts/mercantile-law-act-1935/analysis","conflicts":"/api/acts/mercantile-law-act-1935/conflicts","importantCases":"/api/acts/mercantile-law-act-1935/important-cases","documents":"/api/acts/mercantile-law-act-1935/documents"}}