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When a written contract is beneficial or a necessity

Contracts can be formed in one of three ways:

1. •

   orally

2. •

   by conduct, or

3. •

   ‘under hand’ (in writing)

For more information on contract formation, see: Formation and interpretation—overview.

Simple contracts are created in any of the above manners in ‘simple form’, whereas deeds must be executed in ‘solemn form’. See Practice Notes: Deeds and Executing documents—deeds and simple contracts.

There are certain situations when a written contract is required by law or is necessary to satisfy registration requirements. Contracts are required by statute to be made or evidenced in writing for:

1. •

   assignments

2. •

   contracts for the sale of land (as opposed to the actual conveyance, which must be by deed)

3. •

   equitable mortgages

4. •

   assents

5. •

   transfers of shares

6. •

   transfers of intellectual property rights

7. •

   guarantees

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