Legal aspects of contractual formalities as determined by the parties and by the law
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University of Pretoria
Abstract
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
contract.
Description
Mini Dissertation (LLM)--University of Pretoria, 2018.
Keywords
UCTD
Sustainable Development Goals
Citation
Mthembu, TH 2018, Legal aspects of contractual formalities as determined by the parties and by the law, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69940>