Western Australian Current Acts Western Australian Current Acts Every covenant and
power to be implied in any instrument by virtue of this Act may be negatived
or modified by express declaration in the instrument or endorsed thereon; and
in the statement of claim in any action for a breach of any such covenant it
shall be lawful to allege that the party against whom or against whose real or
personal representatives such action is brought did so covenant precisely in
the same manner as if such covenant had been expressed in words at length in
such instrument any law or practice to the contrary notwithstanding; and every
such implied covenant shall have the same force and effect as if it had been
set out at length in such instrument; and where in any instrument there shall
be more than one covenantor such covenants as are by this Act declared to be
implied in instruments of the like nature shall be construed to be several as
well as joint.
[Section 131 amended: No. 17 of 1950 s. 35.]
[ 132. Deleted: No. 17 of 1950 s. 36.]