Commentary

6 Why should the contract be in writing and signed?

COMMERCIAL CONTRACTS vol 7(2)

6 Why should the contract be in writing and signed?

6 Why should the contract be in writing and signed?

All but the simplest contracts should be in writing, except where the technical means or the nature of the contract does not allow for writing (eg in the case of an order made over the telephone, or in the case where a contract is made and fulfilled immediately, such as a purchase of a newspaper)1 for the following reasons:

  1. 6.1

        Each party will be certain about the terms and conditions to which they have agreed.

  2. 6.2

        Certainty about terms and conditions and the existence of written records promotes

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