44. Form of contract.

The contract normally comprises three distinct elements: the particulars of sale, the general conditions and special conditions.

The particulars of sale describe the physical extent of the land which is being sold, its tenure and, in the case of registered land, must state its title number and the class of title1. Any error in the particulars may give rise to an action in misdescription or misrepresentation2.

An agreement for the sale of land which merely satisfies the formal requirements of a written contract3, leaving all other terms to be implied by law, is called an 'open contract'4. Where the contract has