FORMALITIES OF A CONTRACT EXAM
QUESTIONS & DETAILED CORRECT ANSWERS
1. What are the
As a general rule, there are no formalities required for the formation of
for- malities of
a valid contract. There are however two exceptions to this rule,
a con- tract?
1. where the law requires that the parties express their intention
in a prescribed formal manner
2. where the parties themselves agree that the contract will only
be binding once certain formalities have been observed.
2. What
The most common formality required by the law is that the contract
formalities are
must be in writing and signed by either one or all the parties.
prescribed by
Sometimes contracts will need to be notaries and registered to be
the law?
effective against third parties.
3. What
According to section 2(1) of the Alienation of Land Act, it is compulsory
formalities are
for an alienation of land to be in writing and signed by both parties
required for
unless it is contained in the deed of alienation. Anyone who signs on
an alienation
behalf of a party must be authorized to do so.
of land
contract to be
valid? Section 6 of the General Amendment Act states that no contract of
suretyship
4. What
formalities
are required for a entered into after 22 June 1956 is valid unless its terms are laid
down in a signed
contract of valid?
sure- tyship to
be valid?
5. What 6. What formalities are required for an
formalities are antenuptial
required for a
donation con-
tract to be
1/
5
, FORMALITIES OF A CONTRACT EXAM
QUESTIONS & DETAILED CORRECT ANSWERS
document. The creditor
does not need to sign the
document.
According to section 5 of
the General Amendment
Act, no executory contracts
of donations entered into
after 22 June 1956 will be
valid unless its term are
laid out in a written
document signed by the
donor or someone acting
on the donor's behalf.
Written authority must be
granted for someone to act
on the behalf of the donor.
The donee must accept the
donation but does not need
to sign the contract. Oral
donations completed by
delivery will be binding
contracts.
An oral antenuptial contract
will be valid between the
parties however for it to
have ettect on third parties,
it must be notarized and
registered within 3 months.
2/
5
QUESTIONS & DETAILED CORRECT ANSWERS
1. What are the
As a general rule, there are no formalities required for the formation of
for- malities of
a valid contract. There are however two exceptions to this rule,
a con- tract?
1. where the law requires that the parties express their intention
in a prescribed formal manner
2. where the parties themselves agree that the contract will only
be binding once certain formalities have been observed.
2. What
The most common formality required by the law is that the contract
formalities are
must be in writing and signed by either one or all the parties.
prescribed by
Sometimes contracts will need to be notaries and registered to be
the law?
effective against third parties.
3. What
According to section 2(1) of the Alienation of Land Act, it is compulsory
formalities are
for an alienation of land to be in writing and signed by both parties
required for
unless it is contained in the deed of alienation. Anyone who signs on
an alienation
behalf of a party must be authorized to do so.
of land
contract to be
valid? Section 6 of the General Amendment Act states that no contract of
suretyship
4. What
formalities
are required for a entered into after 22 June 1956 is valid unless its terms are laid
down in a signed
contract of valid?
sure- tyship to
be valid?
5. What 6. What formalities are required for an
formalities are antenuptial
required for a
donation con-
tract to be
1/
5
, FORMALITIES OF A CONTRACT EXAM
QUESTIONS & DETAILED CORRECT ANSWERS
document. The creditor
does not need to sign the
document.
According to section 5 of
the General Amendment
Act, no executory contracts
of donations entered into
after 22 June 1956 will be
valid unless its term are
laid out in a written
document signed by the
donor or someone acting
on the donor's behalf.
Written authority must be
granted for someone to act
on the behalf of the donor.
The donee must accept the
donation but does not need
to sign the contract. Oral
donations completed by
delivery will be binding
contracts.
An oral antenuptial contract
will be valid between the
parties however for it to
have ettect on third parties,
it must be notarized and
registered within 3 months.
2/
5
