In our “askCA@Thursday” on 12 April 2012, we received a question:
Can we arranged an written agreement within both parties without the presence of the lawyer and both parties must follow the contract stated? possible the contract as proof of agreement?
The simple answer to your question is YES.

You can have any written agreement without the presence of lawyers. It is still a good evidence to prove the existence of a contract in the Court of Law.

While there is no necessity for a lawyer, it is good to have witnesses to witness the signing of the written agreement. Having a 3rd party evidence is always better than “my words against yours” battle between the two parties in dispute. After all, it is a game of credibility and who is more believable.

For the same reason, it is important to note that contract need not be written. Contract can be verbal or by conduct or even by an established norm for specific trade and industry. It is all about the evidence and how you prove it in court. Written in black and white in the presence of witnesses just made it easier and more readily acceptable by the Court of Law. Therefore, having a lawyer as witness only increase the credibility of such evidence in the eyes of the Law.

Meanwhile, compliance to the contract is solely the election or the discretion of the Parties. Non-compliance of a valid contract is a breach thus attract consequences to the party in breach (or default).”

Thank you Dicson for your question, do let us know if you need further clarification to our answer.