Do all contracts have to be in writing?
The simple answer is NO, unless the contract relates to land, mortgages or guarantees. We will return to those contracts shortly but remember - Contracts must be in writing for :
However, it is wise to record any agreement or contract in writing because, if the agreements are accurately recorded, there can be no room for argument at a later stage.
Often, when there is an argument in a Civil Court about the terms of a contract, one of the major grounds of disagreement is usually about what was actually meant or agreed to by the parties to the contract in the first place.
Matrimonial Property Agreements under the Property (Relationships Act) 1976 should be in writing and you should visit our specialist topic dealing with those matters.
See our site entitled : Property ( Relationships ) Act 1976
You should visit our specialist topic entitled Contracts and Contract Law
In that topic we discuss how to record basic agreements.
The golden rule is always to be certain and accurate in recording the agreements.
But for many centuries in English law, It has been part of the law that contracts to do with land, mortgages over land and guarantees are so important that the law requires them to be in writing or at least partially evidenced in writing.
In England, these laws were embodied in what was known as the Statute of Frauds.
In New Zealand, similar principles were found in the Contracts Enforcement Act 1956.