Requirement of writing

Some contracts will need to be in writing to be enforceable because of statutory requirements. An example is a deed, which is a formal contract that overcomes the necessity to demonstrate consideration. Deeds have to satisfy strict statutory criteria of form, execution and delivery. Other types of contracts may need to be evidenced in writing to be enforceable.

The most important examples are transactions involving land and interests in land, which need to satisfy requirements based on the historic Statute of Frauds 1677 (UK). These must be evidenced at least by some memorandum or note that contains the signature of the party seeking enforcement. Courts have held the evidence must also clearly indicate the parties, subject matter and consideration.

Where these laws are not satisfied, aggrieved parties may provide evidence of acts done in part performance of the oral contract in order to seek an equitable remedy.

The Electronic Transactions Act 1999 (Cth) and the state and territory legislation outlines when and the types of contracts that are considered valid if entered into via electronic means.

See Requirement of Writing.