A clear reason for the creation and inclusion of the contractual formality requirements in law
is to protect the parties when they are concluding a legally binding instrument or contract.
They protect the parties against any fraud, deception, hoax or embezzlement that may result
from concluding an agreement.
Contractual formalities are there to serve as a guide to the parties against any unforeseen
circumstances that may lead to litigation. They serve to protect the parties upon concluding
a legally binding contract and serve as proof if a dispute of facts arises from the contract.
As a general rule, no contractual formalities are required to conclude a legally binding
contract, provided all the requirements are met by the parties. Parties are at liberty to choose
whether to conclude their contract with adherence to formality requirements or not; it is solely
up to them to decide which form the requirements should take when they are concluding a
Mini Dissertation (LLM)--University of Pretoria, 2019.