Formality

A few contracts must meet strict requirements as to formality. They are called formal contracts. Most need not meet such requirements. They are called simple contracts.

Formal contracts. A formal contract is a written contract that must be in some special form to be enforceable. Examples are commercial papers and contracts under seal. Commercial papers, such as an ordinary check, must meet certain requirements to be valid. A contract under seal is one with a seal attached or with a similar impression made on the paper. Seals have always served to validate agreements.

Simple contracts. A contract that is not formal is a simple contract. This is true whether the contract is oral, written, or based on conduct.

An example of simple written contract

THIS AGREEMENT is made on May 10, 20___, between New Way Pavers, 17 Beacon Street, Boston, Massachusetts, and J. Clayton Jones, 742 Regent Circle, Brookline, Massachusetts. New Way Pavers agrees to furnish all materials and to perform in a workmanlike manner all necessary labor required to remove present concrete walk in front of the residence at 742 Regent Circle from the building door to the public sidewalk; to replace the walk with red brick (of quality and grade as in sample) laid in a herringbone pattern, on a new concrete base 2,5"thick, in consideration for which Jones agrees to pay New Way Pavers or its assignee three thousand two hundred dollars ($3,200) upon completion of the work on or before August 10, 20___.   NEW WAY PAVERS By James G. Mason J. Clayton Jones

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