42. Writing and signature.

The contract must be in writing, signed by or on behalf of each party to the contract1. 'Writing' includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form2.

It is immaterial in what part of the document the signature is to be found, provided that it was intended to relate to and does in fact relate and authenticate the whole document3. Where the contract consists of more than one document, the signatures must appear on the primary contract document which incorporates terms from another document4.

A signature in pencil has been held to be