Commentary

5 Does the contract need to be writing and signed?

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

5 Does the contract need to be writing and signed?

| Commentary

(3) LEGAL, PRACTICAL AND DRAFTING ISSUES

A: FORMALITIES

1: LEGAL FORMALITIES FOR BINDING CONTRACTS

5 Does the contract need to be writing and signed?
  1. 5.1

        Generally there is no need for most forms of contract (including commercial contracts) to be in writing if none of the parties are consumers1.

  2. 5.2

        Most forms of contract do not need to be signed.

  3. 5.3

        Consequently a contract can be made:

    1. 5.3.1

          wholly in writing;

    2. 5.3.2

          wholly by word;

    3. 5.3.3

          partly in writing and partly by word; or

    4. 5.3.4

          by conduct or implication.

  4. 5.4

        If a contract is signed, the act

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