The general rule is that no formalities are required for the formation of contracts. In
Most cases an informal contract is binding and contracts are validly concluded without
the observation of any formalities. For example, most contracts of sale arise orally or
through conduct. If a person removes an item from a supermarket shelf and, without a
Word, offers a bank note at the point of payment, and the shop assistant accepts the
Money and allows the person to take the item, a contract of sale with the person arises
Tacitly through conduct.
Normally, parties are free to choose the way in which they wish to create a contract,
And they may, at will, conclude the contract in writing, orally or tacitly. Thus, when
Parties wish to conclude a contract of lease of movable assets (a type of contract for
Which formalities are not required by law) they are free to decide whether the contract
Should be concluded in writing, orally or tacitly.
Therefore if the parties had agreed to certain formalities those formalities should have
been complied with therefore no contract came into place.
QUESTION 2
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